Lucy v. Beck
Supreme Court of Alabama
On a writ of error to a judgment of the Circuit Court of Marengo county. A writ in assumpsit, founded upon a promissory note, executed by Alfred D. Lucy and Thomas B. Lucy, was issued from the office of the clerk of the Circuit Court of Marengo county, against the said Alfred and Thomas, on the fourteenth of March, eighteen hundred and thirty-five: and upon the eighteenth of March, eighteen hundred and thirty-five, was returned executed upon Thomas B. Lucy, non esi, as to…
Read the full summary
On a writ of error to a judgment of the Circuit Court of Marengo county. A writ in assumpsit, founded upon a promissory note, executed by Alfred D. Lucy and Thomas B. Lucy, was issued from the office of the clerk of the Circuit Court of Marengo county, against the said Alfred and Thomas, on the fourteenth of March, eighteen hundred and thirty-five: and upon the eighteenth of March, eighteen hundred and thirty-five, was returned executed upon Thomas B. Lucy, non esi, as to Alfred D. Lucy. The plaintiff then declared against Thomas B. Lucy, discontinuing in his declaration against the said…
1Opinion of the CourtCollier, J.
The defendant in error, caused to be issued a writ of capias ad respondendum, against the plaintiffs, returnable to the Circuit Court of Marengo. The writ was executed on Thomas B. Lucy only, and against him, the defendant declared, reciting in his declaration, that the cause was discontinued as to Alfred D. Lucy.
At a subsequent term, a judgment was rendered against the plaintiffs, as follows:
“At this day came the parties, by their attornies, and the defendants, saying nothing in bar or preclusion of the plaintiff’s action — it is therefore considered by the Court, that the plaintiff recover…
2Cited by3 opinions
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Childress v. TaylorSupreme Court of Alabama · 1858
- Windham v. National Fertilizer. Co.Supreme Court of Alabama · 1892