Milhous v. Aicardi
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. M. J. Saeeold. The appellant in this case obtained a judgment in the said circuit court of Dallas, on the 7th December, 1866, against Antonio Aicardi and Thomas J. Portis, and sued out an alias execution on it on the 11th April, 1878. At the next ensuing term of the court, Aicardi made a motion, to quash this execution, and perpetually to stay the issue of any other execution on the said judgment, on the ground…
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Appeal from the Circuit Court of Dallas. Tried before the Hon. M. J. Saeeold. The appellant in this case obtained a judgment in the said circuit court of Dallas, on the 7th December, 1866, against Antonio Aicardi and Thomas J. Portis, and sued out an alias execution on it on the 11th April, 1878. At the next ensuing term of the court, Aicardi made a motion, to quash this execution, and perpetually to stay the issue of any other execution on the said judgment, on the ground that, on the 29th day of November, 1870, on his own petition, he was duly and regularly adjudged a bankrupt by the…
1Opinion of the CourtB. F. Saffold, J.
The appellee moved the court to supersede perpetually execution on a judgment rendered against him, in favor of the appellant, in 1866, on the ground that he was discharged from liability in bankruptcy in 1870, on his own petition, filed in 1868. The appellant objected, because his schedule of indebtedness omitted her judgment, and her name and place of residence as one of his creditors. For this reason, she alleged, that she had had no notice of the proceeding in bankruptcy, and no opportunity to file her claim; with the further averment, that the omission was falsely and fraudulently made.…
2Cases cited5 opinions
- Way v. HoweMassachusetts Supreme Judicial Court · 1871
- Black v. BlazoMassachusetts Supreme Judicial Court · 1875
- Ewing v. PeckSupreme Court of Alabama · 1850
- Ewing v. PeckSupreme Court of Alabama · 1855
- Fox v. PaineSupreme Court of Alabama · 1846
3Cited by2 opinions
- Young v. StevensonSupreme Court of Arkansas · 1905
- Shulman, Goetter & Weil v. GravesSupreme Court of Alabama · 1879