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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