Legal Opinion

Brown v. Branch Bank at Montgomery

Supreme Court of Alabama

Decided January 15, 1852PublishedCited by 2 opinions

Error to the Circuit Court of Montgomery. Tried before the Hon. George D. Shortridge. The Branch Bank at Montgomery recovered a judgment against Duncan McRae and Samuel N. Brown, in the Circuit Court of Montgomery, for two hundred and forty-five dollars. After tbe recovery of the judgment Brown was declared a bankrupt, and obtained his certificate of discharge.

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Error to the Circuit Court of Montgomery. Tried before the Hon. George D. Shortridge. The Branch Bank at Montgomery recovered a judgment against Duncan McRae and Samuel N. Brown, in the Circuit Court of Montgomery, for two hundred and forty-five dollars. After tbe recovery of the judgment Brown was declared a bankrupt, and obtained his certificate of discharge. He then moved the Circuit Court to enrol his discharge, with the view of preventing the issuance of an execution on the judgment, and showed that the debt on which the judgment was founded came within the act of Congress, and was…

1Opinion of the CourtDARGfAN, C. J.

All the authorities, both English and American, agree, that if an execution is issued after the defendant has obtained his certificate of discharge,' he may set it aside by motion. 1 Bosanquet & Puller 426; Tarleton v. Fisher, Douglas’ Rep. 646; 2 W. Blackstone 1190; 7 Metc. 247; 9 John. 259; 9 Wendell 431; 6 Hill 247; McDougald v. Reid et al., 5 Ala. 810; Mabry, Giller & Walker v. Herndon, 8 Ala., 849; Cogburn & Powell v. Spence & Elliott, 15 Ala. 549. But I can find no case, except, one hereafter referred to, in which the Bankrupt has moved to have his discharge entered of record, for the…

2Cases cited2 opinions

  1. Cogburn v. Spence & ElliottSupreme Court of Alabama · 1849
  2. McDougald v. ReidSupreme Court of Alabama · 1843

3Cited by2 opinions

  1. Stewart v. HargroveSupreme Court of Alabama · 1853
  2. Hudson v. ModawellSupreme Court of Alabama · 1879

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