Dupuy v. Roebuck
Supreme Court of Alabama
Writ of error to the Circuit Court of Jefferson. This was an action of assumpsit, at the suit of the defendant in error against the plaintiff. The declaration contains two counts.
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Writ of error to the Circuit Court of Jefferson. This was an action of assumpsit, at the suit of the defendant in error against the plaintiff. The declaration contains two counts. In the first it is alledged that the defendant below recovered a judgment against the plaintiff, on, &c.,- in, &c., for the sum of, Stc., which judgment was reversed by this Court, on, &c., and the cause remanded; that previous to the reversal of that judgment, an execution was placed in the sheriff’s hands, requiring him to make the amount thereof, and the same was satisfied by the plaintiff in this action. It is…
1Opinion of the CourtCollier, C. J.
— In Duncan v. Ware’s Ex’rs. 5 Stewt. & P. Rep. 119, it was held that assumpsit for money had and received, would lie, to recover back money paid upon a judgment which was afterwards reversed. But in that case, as the reversal was for irregularity merely, and the debt was justly due, the defendant was permitted to retain the money. A similar decision was made in Green v. Stone, 1 H. & Johns. Rep. 405, where it was said that the plaintiff could not recover, unless the retention of the money by the defendant was contrary to equity and right; the defendant may resort to any equitable or…
2Cases cited5 opinions
- Clark v. PinneyNew York Supreme Court · 1826
- Lazell v. MillerMassachusetts Supreme Judicial Court · 1818
- Sturges v. Allis & LeeNew York Supreme Court · 1833
- Day v. ChismSupreme Court of the United States · 1825
- Town of Jamaica v. Town of GuilfordSupreme Court of Vermont · 1824
3Cited by25 opinions
- Marks v. CowlesSupreme Court of Alabama · 1878
- Town Council of Cahaba v. BurnettSupreme Court of Alabama · 1859
- McGary v. HastingsCalifornia Supreme Court · 1870
- Stewart v. ConnerSupreme Court of Alabama · 1846
- Harrison v. TraderSupreme Court of Arkansas · 1874
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