Duncan v. Hargrove
Supreme Court of Alabama
Error to the Circuit Court of Russel], Tried before tbe Hon. Robert Dougherty;. This was a proceeding in tbe court below by scire facias, instituted by tbe plaintiff in error against tbe defendants in error, in order to revive a judgment heretofore rendered in tbe Circuit Court of Russell county, and afterwards affirmed in tbe Supreme Court.
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Error to the Circuit Court of Russel], Tried before tbe Hon. Robert Dougherty;. This was a proceeding in tbe court below by scire facias, instituted by tbe plaintiff in error against tbe defendants in error, in order to revive a judgment heretofore rendered in tbe Circuit Court of Russell county, and afterwards affirmed in tbe Supreme Court. The original judgment, as appears by tbe sci fa., was rendered in tbe Circuit Court of Russell, at tbe Fall term of that court in 1840, in which Milton Williams, administrator of Francis Williams, deceased, was plaintiff, and Wm. D. Hargrove, Marcus 1).…
1Opinion of the CourtGtbbons, J.
A motion is made in this case to dismiss the writ of error, on the ground that it does not fall within the provisions of the statute of 1846, providing for writs of error in cases where the party in consequence of the adverse ruling of the court is compelled to take a nonsuit. The provisions of the act are: “ That in all cases where it may be necessary for a plaintiff, in any proceeding at law, to enter a nonsuit, by reason of the determination of the court before which such proceeding may be pending, upon a matter of law, it shall be lawful for such plaintiff to move the Supreme Court at the…
2Cases cited9 opinions
- Campbell v. SpenceSupreme Court of Alabama · 1843
- Johnson v. WrenSupreme Court of Alabama · 1830
- Barney v. FrownerSupreme Court of Alabama · 1846
- Vance v. Wells & Co.Supreme Court of Alabama · 1845
- Puckett v. PopeSupreme Court of Alabama · 1842
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1918
- Mi-Lady Cleaners v. McDanielSupreme Court of Alabama · 1938
- Bush v. RussellSupreme Court of Alabama · 1913
- Betancourt v. EberlinSupreme Court of Alabama · 1882
- Long v. HoldenSupreme Court of Alabama · 1927
16 more not listed; retrieve them via the Exa API.