Eslava v. Farley
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. The record does not show the name of the presiding judge. In this case, as the record shows, an action was commenced in said court on the 6th January, 1811, in the name of John 0. Wilson, against Mrs. Celestine Eslava; and a judgment by default was rendered against the defendant in said action, on the 16th January, 1872. From this judgment an appeal was sued out by the defendant, returnable to the June term, 1872, of this court, and…
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Appeal from the Circuit Court of Mobile. The record does not show the name of the presiding judge. In this case, as the record shows, an action was commenced in said court on the 6th January, 1811, in the name of John 0. Wilson, against Mrs. Celestine Eslava; and a judgment by default was rendered against the defendant in said action, on the 16th January, 1872. From this judgment an appeal was sued out by the defendant, returnable to the June term, 1872, of this court, and an appeal bond given, with Charles Farley and F. H. Aubert as sureties; and the judgment was affirmed by this-court, at…
1Opinion of the Court
BR1CKELL, C. J.
The assignment of the judgment carried with it a right to the assignee to sue out execution, or to sue thereon in the name of the original plaintiff, and independent of his control.—Harrison v. Marshall, 6 Port. 65; Haden v. Walker, 5 Ala. 86. The assignee, having these rights, and a complete equitable title to the judgment, of which courts of law take notice, could properly have been made a party defendant to the petition for a supersedeas of the execution issuing upon it. Coming in voluntarily, making himself a party, and alone entering into a contest of the petition, in…
2Cases cited3 opinions
- Haden v. WalkerSupreme Court of Alabama · 1843
- Garrott v. FullerSupreme Court of Alabama · 1860
- Harsison v. MarshallSupreme Court of Alabama · 1837
3Cited by8 opinions
- Birmingham Loan & Auction Co. v. First National BankSupreme Court of Alabama · 1893
- Lutterworth & Lowe v. CathcartSupreme Court of Alabama · 1910
- Taylor v. State Ex Rel. AdamsSupreme Court of Alabama · 1963
- Ex Parte WinnSupreme Court of Alabama · 1933
- Smith, Stewart & Co. v. DeanSupreme Court of Alabama · 1910
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