Powell v. Washington
Supreme Court of Alabama
Error to the Circuit Court of Cherokee. The récord does not show before whom tried. On the 24th of March 1841, a suit commenced in the name of Powell, for the use of John Morgan, against Warner Washington, one of the defendants in error, in a justice’s court, to recover of him the sum of thirty five dollars, due by note, on which a judgment was rendered against said Washington.
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Error to the Circuit Court of Cherokee. The récord does not show before whom tried. On the 24th of March 1841, a suit commenced in the name of Powell, for the use of John Morgan, against Warner Washington, one of the defendants in error, in a justice’s court, to recover of him the sum of thirty five dollars, due by note, on which a judgment was rendered against said Washington. In 1844, a petition filed, and certiorari awarded to remove said cause to the circuit court of Cherokee, and the defendant Brock, became the security of Washington, on his supersedeas bond. At the Oct. term 1845, the…
1Opinion of the CourtChilton, J.
It has been the practice, under our statute, authorizing a supersedeas of executions, to consider the petition in the nature of a declaration, or allegation of facts, upon which the plaintiff predicated his claim for relief. Hence, it may be demurred to, and if the demurrer is overruled, and the defendant refuse to take' issue, the court may very properly consider the allegations as admitted, and render judgment. Shearer v. Boyd, 10 Ala. Rep. 281; Spence and Stennett v. Walker, 7 Ala. Rep. 568.
In this case, the demurrer of the defendant to the petition, was overruled, and he refused to plead…
2Cases cited2 opinions
- Hood v. Branch of the Bank of the StateSupreme Court of Alabama · 1846
- Spence v. WalkerSupreme Court of Alabama · 1845
3Cited by6 opinions
- Eminent Household of Columbian Woodmen v. LockerdSupreme Court of Alabama · 1918
- Watt v. BrookoverWest Virginia Supreme Court · 1891
- McMillan v. HickmanWest Virginia Supreme Court · 1891
- Burge v. BroussardCourt of Appeals of Texas · 1924
- Meyer v. HearstSupreme Court of Alabama · 1883
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