Stewart v. Cunningham
Supreme Court of Alabama
Error to the Circuit Court of Coosa. Tried before the Hon. George Goldthwaite. Motioh by the plaintiff in error to quash a writ of capias ad satisfaciendum, issued against him on a judgment rendered in favor of the defendant in error.
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Error to the Circuit Court of Coosa. Tried before the Hon. George Goldthwaite. Motioh by the plaintiff in error to quash a writ of capias ad satisfaciendum, issued against him on a judgment rendered in favor of the defendant in error. The record shows, that an affidavit was made, on the part of the defendants in error, to hold the plaintiff in error to bail under tbe act of 1839, on the ground that he had fraudulently conveyed his estate; and that an order was made, by the proper officer, requiring him to be held to bail. A judgment was obtained against him, on which the defendants in error…
1Opinion of the CourtGrOLUTHWAITE, J.
The plaintiff in error insists, that the execution should have been quashed on three grounds: 1. Eor irregularities apparent upon its face; 2. Because one of the plaintiffs in the judgment was dead at the time it was issued; 3. Eor the want of a sufficient affidavit.
The irregularity upon the face of the writ is, that, after commanding the sheriff to take the body of the defendant in the judgment to satisfy the damages and costs which the plaintiffs had recovered, it also requires the sheriff to have such damages and costs at the next term óf the court, to render to the plaintiffs, &c.; and it…
2Cases cited1 opinion
- Hamilton v. LymanMassachusetts Supreme Judicial Court · 1812
3Cited by1 opinion
- Merrifield v. Western Cottage Piano & Organ Co.Illinois Supreme Court · 1909