Wescott v. Waller
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before Hon, Milton J. Saeeold: This was an action by Waller, as guardian of Sarah V., Abram C., and Virginia Vickers, minors, against Wescott, upon a judgment recovered by Ann E. Allsover against appellant, Wescott, at the fall term, 1861, of the circuit court of Montgomery, for the sum of $760 32, which judgment had been transferred to and was the property of Waller, as guardian, &c.
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Appeal from the Circuit Court of Montgomery. Tried before Hon, Milton J. Saeeold: This was an action by Waller, as guardian of Sarah V., Abram C., and Virginia Vickers, minors, against Wescott, upon a judgment recovered by Ann E. Allsover against appellant, Wescott, at the fall term, 1861, of the circuit court of Montgomery, for the sum of $760 32, which judgment had been transferred to and was the property of Waller, as guardian, &c. The parties went to trial upon “'the plea of the general issue, with leave to give in evidence- any matter that could be specially pleaded in bar of said…
1Opinion of the CourtPeck, C. J.
We shall dispose of this case on the first defense made in the court below, without saying anything as to the merits of the second. In the first place, the judgment recovered by Mrs. Allsover was rendered by a coimt of the rebel State of Alabama, and, as we have held, it had only the force and effect of a foreign judgment, and constituted a cause of action merely, and no execution could be legally issued upon it after the rebellion was suppressed. Foreign judgments can only be enforced by the law of comity, and in actions brought for that purpose the merits and justice of such judgments may…
2Cases cited3 opinions
- Martin v. HewittSupreme Court of Alabama · 1870
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- Williams v. StantonSupreme Court of Connecticut · 1792
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- Alabama City, G. & A. Ry. Co. v. City of GadsdenSupreme Court of Alabama · 1913
- Bennett v. Federal Coal & Coke Co.West Virginia Supreme Court · 1912
- Brown v. Lowndes CountySupreme Court of Alabama · 1918
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