McDougald v. Reid
Supreme Court of Alabama
Error to the Circuit Court of Macon. This was a motion in the court below, by the defendants in error, to quash an execution, and levy thereon, which had issued on a judgment of the plaintiff against them, subsequent to the time of their making application to the United States Court for the Southern District of Alabama, and upon which they had obtained a decree in bankruptcy.
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Error to the Circuit Court of Macon. This was a motion in the court below, by the defendants in error, to quash an execution, and levy thereon, which had issued on a judgment of the plaintiff against them, subsequent to the time of their making application to the United States Court for the Southern District of Alabama, and upon which they had obtained a decree in bankruptcy. Upon the trial-of the motion, the defendants produced the record of the proceedings in bankruptcy, showing the petition, schedule, decree in favor of the petitioner, and confirmation thereof by the Hon. Wm. Crawford,…
1Opinion of the CourtOrmond, J.
This cause was submitted without argument. It is stated in the bill of exceptions, that the plaintiff objected to the transcript, and certificate of the record in bankruptcy, but no *811particular cause was assigned for its rejection, nor has any been stated here. On looking into it, it appears to be regular. The petition was filed prior to the issual of the execution, and, as is stated in the judgment, prior to the judgment. The plaintiff is recited in the petition as one of the creditors- of the petitioner.— Some of the creditors appeared and contested the right of the petitioner to be declared…
2Cited by8 opinions
- Boynton v. BallSupreme Court of the United States · 1887
- Rugely v. RobinsonSupreme Court of Alabama · 1846
- Luikart v. BredthauerNebraska Supreme Court · 1937
- Powell v. KnoxSupreme Court of Alabama · 1849
- Prentis v. Richardson's EstateMichigan Supreme Court · 1898
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