Noble & Bro. v. Cullom & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before E. M. Williamson, Esq., an attorney of the court, under § 758 of the Eevised Code. This cause grew out of a motion of the sheriff, for the direction of the circuit court as to the application of moneys collected by him, on various executions issued on judgments rendered by the “ county court,” afterwards “ city court,” and the circuit court.
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Appeal from the Circuit Court of Montgomery. Tried before E. M. Williamson, Esq., an attorney of the court, under § 758 of the Eevised Code. This cause grew out of a motion of the sheriff, for the direction of the circuit court as to the application of moneys collected by him, on various executions issued on judgments rendered by the “ county court,” afterwards “ city court,” and the circuit court. The various parties interested appeared and contested with each other the right to the moneys collected. The dates of the rendition of these judgments, and the facts upon which the decision is…
1OpinionPeters, J.
The appellants make an application, in this case, for a rehearing. This application is based mainly on the grounds that the validity of the judgments rendered after the 11th day of January, 1861, in the judicial tribunals sitting in this State, were not necessarily void ; that this was not a question of law, but a question of proof, which the court could not judicially know ; and that such judgments have been made good by the effect of the reconstruction acts of the congress of the United States, passed over the president’s veto in 1867.
The former of these questions is so fully discussed in…
2Cases cited12 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Luther v. BordenSupreme Court of the United States · 1849
- Texas v. WhiteSupreme Court of the United States · 1869
- Nathan v. LouisianaSupreme Court of the United States · 1850
- Baltimore and Susquehanna Railroad Co. v. NesbitSupreme Court of the United States · 1851
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