Tombeckbee Bank v. Strong's Executors
Supreme Court of Alabama
• The Tombeckbee- Bank obtained a judgment in the Circuit Court of Washington against several.parties among whom were the defendants in error. The Clerk in entering up the judgments, drew out one-in proper form and at length, and entered the rest in short, referring to the first. The judgment against the defendants was in short, and on. it, execution had issued.
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• The Tombeckbee- Bank obtained a judgment in the Circuit Court of Washington against several.parties among whom were the defendants in error. The Clerk in entering up the judgments, drew out one-in proper form and at length, and entered the rest in short, referring to the first. The judgment against the defendants was in short, and on. it, execution had issued. On motion made, the Court quashed the execution, on the ground of there being no sufficient-judgment, on which it could issue.- A writ of error to reverse this decision, was thereupon taken to this Court. .
1Opinion of the CourtTaylor, J.
In this case, the Court below quashed an execution which had been issued in favor of the Bank against the defendants, on the ground that there was no sufficient judgment to'authorise the execution ; and the writ of error was sued out to reverse this decision.
The case has been argued upon its merits, and also upon a preliminary motion made by the defendants to dismiss the writ of error, because there is no final judgment of the Court below.
This Court has so often overruled objections of this kind, and sustained writs of error to bring up the decisions of inferior Courts on similar motions to…
2Cited by1 opinion
- Bonner v. Martin & LoweSupreme Court of Alabama · 1860