Masterson v. Gibson
Supreme Court of Alabama
Appeal from tbe Circuit Court of Lawrence. Tried, before the Hon. W. B. "Wood. This action was brought by Thomas Masterson, against OrsonI), Gibson; was commenced on the 31st January, 1871, and was founded on a judgment for $643.42, besides damages and costs, which was alleged to have been rendered by said court, at its March term, 1862, in favor of B. E. Milam, against said Gibson and one Warren (not sued in this action), and to be tbe property of the plaintiff.
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Appeal from tbe Circuit Court of Lawrence. Tried, before the Hon. W. B. "Wood. This action was brought by Thomas Masterson, against OrsonI), Gibson; was commenced on the 31st January, 1871, and was founded on a judgment for $643.42, besides damages and costs, which was alleged to have been rendered by said court, at its March term, 1862, in favor of B. E. Milam, against said Gibson and one Warren (not sued in this action), and to be tbe property of the plaintiff. There was no demurrer, or other objection, to tbe complaint; but the defendant pleaded, “ in short by consent, that the judgment…
1Opinion of the CourtManning, J.
The complaint in this cause was filed by appellant, to recover the amount of a judgment obtained against appellee and another, by one Milam as plaintiff, and alleged to be now the property of the present plaintiff, But his being the “ party really interested,” did not entitle him to sue thereon in his own name. In Smith v. Harrison, 33 *58Ala, 706, it was decided, that a judgment is not a “contract, express or implied, for the payment of money,” according to section 2129 of the Code of 1852 (2528 of the Revised Code); from which it follows that, if necessary that suit be brought upon it, it must…
2Cases cited3 opinions
- Ivey v. GambleSupreme Court of Alabama · 1838
- Watson v. BrazealSupreme Court of Alabama · 1845
- Rowan v. HutchissonSupreme Court of Alabama · 1855
3Cited by21 opinions
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- Allison v. LittleSupreme Court of Alabama · 1890
- Glass v. Meyer, Son & Co.Supreme Court of Alabama · 1899
- Jones v. HaglerSupreme Court of Alabama · 1891
- Jones v. EngelhardtSupreme Court of Alabama · 1885
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