Crawford v. Executors of Simonton
Supreme Court of Alabama
Error to the Circuit court of Bibb county. ’ Debt on foreign judgment. The declaration set forth, that at the November session, eighteen hundred and twenty-eight, of the Court of pleas and epaarter sessions for Iredell county, No'rth Carolina, the plaintiffs below recovered.a judgment for four hundred and one dollars, and eighty cents, debt, . against defendant, — also, one hundred and twenty-three dollars and twelve and a half cents, for damages and costs.
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Error to the Circuit court of Bibb county. ’ Debt on foreign judgment. The declaration set forth, that at the November session, eighteen hundred and twenty-eight, of the Court of pleas and epaarter sessions for Iredell county, No'rth Carolina, the plaintiffs below recovered.a judgment for four hundred and one dollars, and eighty cents, debt, . against defendant, — also, one hundred and twenty-three dollars and twelve and a half cents, for damages and costs. To the declaration, defendants plead— 1. Nul tiel record. 2. Payment. 3. That the testator, at his death, was indebted to defendant one…
1Opinion of the CourtCollier, C. J.
— Three questions are presented by the record in this case—
1. Does the third plea disclose matter of legal de-fence?
2. Was it error to submit an issue upon the plea of nul tiel record to the jury, under the circumstances shewn by the bill of exceptions, and is the record well authenticated ?
3. Is there error, either in the refusal of the Circuit judge to charge as requested, or in the charge as given?
First — The third plea is doubtless intended as a plea of set-off. It sets forth, that both the plaintiff in error and the defendant’s testator, were co-sureties of a third person for the payment…
2Cases cited2 opinions
- Armstrong v. CarsonSupreme Court of the United States · 1794
- Prescott v. ParkerMassachusetts Supreme Judicial Court · 1808
3Cited by18 opinions
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Thrasher v. IngramSupreme Court of Alabama · 1858
- Roach v. PrivettSupreme Court of Alabama · 1890
- Sledge v. Swift, Murphy & Co.Supreme Court of Alabama · 1875
- Mauldin, Montague & Co. v. ArmisteadSupreme Court of Alabama · 1848
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