Clements v. Crawford
Supreme Court of Alabama
Writ of error to the Circuit Court of Bibb County. MOTION to enter satisfaction of a judgment obtained by Clements against Crawford, as the second indorser of a bill of exchange for two thousand five hundred dollars. The facts of the case are stated in the judgment entry, and are as follows: The judgment against Crawford was takera to the supreme court by writ of error; Hines being the security on the writ of error bond.
Read the full summary
Writ of error to the Circuit Court of Bibb County. MOTION to enter satisfaction of a judgment obtained by Clements against Crawford, as the second indorser of a bill of exchange for two thousand five hundred dollars. The facts of the case are stated in the judgment entry, and are as follows: The judgment against Crawford was takera to the supreme court by writ of error; Hines being the security on the writ of error bond. When the suit was commenced against Crawford, other actions were also instituted against the acceptor and drawer of the bill; judgments were recovered against them, which…
1Opinion of the CourtGoldthwaite, J.
— 1. The necessity to give notice to Clements of this motion in order to sustain the judgment, is shewn by the case of Baylor v. McGregor & Darling, [1 S. & P.I58] in which the precise question was raised and determined.
The terms used in the judgment entry, are as applicable to an ex parte hearing, as thejT would be to a consideration of a cause when all the parties were before the court. It is not improbable that the plaintiff may have been represented when the motion was heard, but this is not shown to be so by the record; the *533omission of notice would be conclusive even if the merits seemed…
2Cases cited1 opinion
- Simpson v. GriffinNew York Supreme Court · 1812
3Cited by2 opinions
- McKissack v. DavisSupreme Court of Alabama · 1850
- Womack v. SanfordSupreme Court of Alabama · 1861