Anonymous
Supreme Court of Alabama
Under the- act of 1827, a divers executions were issued fry ^he clerk of this Court, dividing the costs, where exe.cutions had been previously issued against the unsuccessful party and were returned no property found. Some were issued against plaintiffs in error, and some against defendants; and many were on judgments rendered in this Court, before the act passed.
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Under the- act of 1827, a divers executions were issued fry ^he clerk of this Court, dividing the costs, where exe.cutions had been previously issued against the unsuccessful party and were returned no property found. Some were issued against plaintiffs in error, and some against defendants; and many were on judgments rendered in this Court, before the act passed. The act referred to as authorizing. such executions, is in these words: “That the clerk of the Supreme Court is hereby authorized, whenever any sheriff or coroner shall return an execution directed to them or either of them, that…
1Opinion of the Court
By JUDGE PERRY.
It is a question of no small importance, whether a person entitled to execution under former laws must, take the steps authorized by the laws in. *229being at the time of the rendition of the judgment, in order to have the same satisfied, or whether he may avail himself of a statute subsequently passed? This question is involved in the construction of the act above recited, as to its repugnancy to the nineteenth section of the bill of rights, contained in the constitution, which says no ex post facto law, nor law impairing the obligation of contracts, shall be made. From this…
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