Kidd v. McMillan
Supreme Court of Alabama
Error to the Circuit Court of Monroe. Tried before the Hon. John Bragg. 1. Consent cannot give jurisdiction ; but where a court has jurisdiction of a matter, the parties may agree to a re-hearing or new trial. Such an agreement is binding if it is on good consideration. Ransom v. Peters, 2 Ala. 647; Nabors v. Camp, 14 Ala. 460. 2. A release of a judgment founded on good consideration, is a discharge of it, though not under seal. Wentz y.
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Error to the Circuit Court of Monroe. Tried before the Hon. John Bragg. 1. Consent cannot give jurisdiction ; but where a court has jurisdiction of a matter, the parties may agree to a re-hearing or new trial. Such an agreement is binding if it is on good consideration. Ransom v. Peters, 2 Ala. 647; Nabors v. Camp, 14 Ala. 460. 2. A release of a judgment founded on good consideration, is a discharge of it, though not under seal. Wentz y. De Haven, 1 S. & R. 312; Whitehill v. Wilson, 3 Penn. Rep. ; Benjamin y. McConnell, 4 Gilman. 3. In this case the consideration is a good one. Ohitty on Con.…
1Opinion of the CourtDargan, C. J.
— This suit was commenced by McMillan against the plaintiffs in error, to recover a sum due on a promissory note. After the commencement of the action, an ancillary attachment was sued out, and James L. Lowell was summoned as a garnishee. Judgment by nil elicit was rendered against the defendants at the March term, 1851, they having-withdrawn their plea; and a judgment was also rendered against the garnishee.
After this judgment was rendered, and execution had issued upon it, the parties entered into a- written agreement, by which it was agreed, that the judgment against the defendants,…
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