Betancourt v. Eberlin
Supreme Court of Alabama
Appeal from City Court of Mobile. Tried before lion. O. J. Semmes. Scire facias by George Eberlin, as the administrator of the estate of M. D. Eslava, deceased, against Manuel Betancourt, commenced on 13th March, 1882, for the purpose of reviving a judgment which the said decedent recovered against Betan-■court in said court on 13tli April, 1868, a part of which was averred to be unsatisfied; and of having an execution issued for the collection thereof.
Read the full summary
Appeal from City Court of Mobile. Tried before lion. O. J. Semmes. Scire facias by George Eberlin, as the administrator of the estate of M. D. Eslava, deceased, against Manuel Betancourt, commenced on 13th March, 1882, for the purpose of reviving a judgment which the said decedent recovered against Betan-■court in said court on 13tli April, 1868, a part of which was averred to be unsatisfied; and of having an execution issued for the collection thereof. The defendant resisted the revival of the judgment and issue of execution on the following grounds: (1) “ It appears of record in said cause…
1Opinion of the CourtBrickell, C. J.
Prior to the enactment of the present statute, if it was not the duty of the court to try and determine the facts, if in the regular and usual course of procedure they should have been submitted to a jury for determination, and the parties waiving the intervention of a jury, submitted them *465for decision to the court, the decision was not examinable on error—it was final and conclusive.—Etheridge v. Malempre, 18 Ala. 565; Barnes v. Mayor, 19 Ala. 707; Bott v. McCoy, 20 Ala. 578; De Vendell v. Hamilton, 27 Ala. 156; Stein v. Jackson, 31 Ala. 24. Parties are authorized by the statute, in civil…
2Cases cited16 opinions
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- Eslava v. LepretreSupreme Court of Alabama · 1852
- McCurry v. HooperSupreme Court of Alabama · 1848
- Sewall v. GliddenSupreme Court of Alabama · 1840
- De Vendell v. Doe ex dem. HamiltonSupreme Court of Alabama · 1855
11 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Bibb v. Hall & FarleySupreme Court of Alabama · 1893
- Mabee v. McDonaldTexas Supreme Court · 1915
- Exchange National Bank v. ClementSupreme Court of Alabama · 1895
- Reynolds v. CollinsSupreme Court of Alabama · 1884
- Nelson v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1906
20 more not listed; retrieve them via the Exa API.