Moorer v. Moorer
Supreme Court of Alabama
Appeal from the Chancery Court of Butler. Heard before the Hon. John A. Foster. The record in this case does not show when the bill was filed, nor does it show the date of any of the proceedings in. the cause, except that the chancellor’s decree is dated January 22d, 1889. The bill was filed by Mrs. Tommie C. Moorer, the wife of "W. J. Moorer, and J. A. Alston, who was the surviving husband of her deceased sister, against Nelson J. Moorer and his children; and, as originally…
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Appeal from the Chancery Court of Butler. Heard before the Hon. John A. Foster. The record in this case does not show when the bill was filed, nor does it show the date of any of the proceedings in. the cause, except that the chancellor’s decree is dated January 22d, 1889. The bill was filed by Mrs. Tommie C. Moorer, the wife of "W. J. Moorer, and J. A. Alston, who was the surviving husband of her deceased sister, against Nelson J. Moorer and his children; and, as originally framed, sought a discovery of assets which might be subjected to the satisfaction of complainant’s decree against said…
1Opinion of the CourtStone, C. J.
Sections 2927-8 of the Code of 1886 provide a remedy for assignees of judgments or decrees, who seek to enforce them by mesne or final process, issued upon the judgment assigned. These sections have no application to separate or independent suits, brought for the collection of debts evidenced by judgments or decrees. When the effort is made, as it generally may be, to collect by suit a debt due by judgment or decree, different rules prevail. Code, § 2170. If an action at law be resorted to, then the judgment is not such a contract for the payment of money, as that the beneficial owner can sue…
2Cases cited8 opinions
- Pickett v. PipkinSupreme Court of Alabama · 1879
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- Flewellen v. CraneSupreme Court of Alabama · 1877
- Caldwell v. KingSupreme Court of Alabama · 1884
- Mathews v. Mobile Mutual InsuranceSupreme Court of Alabama · 1883
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3Cited by3 opinions
- Gambill v. GreenwoodSupreme Court of Alabama · 1945
- Jones v. Smith & Co.Supreme Court of Alabama · 1890
- Hanby v. Cahaba Coal Co.Supreme Court of Alabama · 1917