Gilchrist v. Branch Bank at Montgomery
Supreme Court of Alabama
Writ of Error to the Circuit Court of Montgomery. Supersedeas sued out by Boyd upon a petition asserting that a certain execution issued at the suit of the Bank against Gilchrist and others, was irregular, inasmuch as the judgment had been fully paid and satisfied to the Bank, and that a former execution issued thereon had been returned by the sheriff of Macon in these words: “ Case arranged in Bank as per instructions. W. Fitzpatrick, sheriff.”
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Writ of Error to the Circuit Court of Montgomery. Supersedeas sued out by Boyd upon a petition asserting that a certain execution issued at the suit of the Bank against Gilchrist and others, was irregular, inasmuch as the judgment had been fully paid and satisfied to the Bank, and that a former execution issued thereon had been returned by the sheriff of Macon in these words: “ Case arranged in Bank as per instructions. W. Fitzpatrick, sheriff.” At the return of the supersedeas the plaintiffs moved the court to enter satisfaction of the judgment, and quash the last execution on the ground…
1Opinion of the CourtGoldthwaite, J.
1. Wishout debating how far either of these motions could be sustained, without proof to the court, we shall proceed to consider the cause as if the alledg-ed return was properly before us. The decision in Haden v. Walker, 5 Ala. Rep. 56, proceeds upon the ground that the return by the sheriff, of the execution, “ settled with the plaintiff’s attorney as per order of the same — costs and commissions paid to sheriff,” was equivalent to the statutory return of “satisfied.” We think no such inference arises out of the indorsement, which it seems was made on the execution in this case. There is…
2Cited by3 opinions
- Aultman, Miller & Co. v. McGradySupreme Court of Iowa · 1882
- Brantley v. GunnSupreme Court of Alabama · 1856
- Holden v. RyanCourt of Appeals of Texas · 1924