Marshall v. Caudler , 21 Ala. 490 ( 1852 )


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  • LIGON, J.

    — The demurrer was rightly sustained, as the grounds set forth in the petition go to matters behind the judgment. Neither the old writ of audita querela, nor our writ of supersedeas, which is used as its substitute, has ever been allowed to extend to matters arising anterior to the judgment. Holloway v. Washington, 3 Ala. 668; Moore & Cocke v. Bell, 13 Ala. 439.

    Let the judgment be affirmed.

Document Info

Citation Numbers: 21 Ala. 490

Judges: Ligon

Filed Date: 6/15/1852

Precedential Status: Precedential

Modified Date: 10/18/2024