Cotton v. Wilson

Supreme Court of Alabama

Cotton v. Wilson

1 Minor 118

Supreme Court of Alabama·Decided December 15, 1823·Published

Opinion

JUDGE Ellis

delivered the opinion of the Court.

On the motion of the defendant to dismiss the writ of jjrror, we have to enquire whether the paper, purporting to be a release of Errors, can operate as such. It is not under seal. A release must be of as high dignity as the obligation or contract which it was intended to discharge. To release a judgment, or writing under seal, the release must also be under seal. The paper then here alleged to be a release, is not sufficient to discharge a judgment, or to bar a writ of Error.

On the ■ Errors assigned, the judgment was affirmed at June term, 1824. '

Free access — add to your briefcase to read the full text and ask questions with AI

JUDGE Ellis

delivered the opinion of the Court.

On the motion of the defendant to dismiss the writ of jjrror, we have to enquire whether the paper, purporting to be a release of Errors, can operate as such. It is not under seal. A release must be of as high dignity as the obligation or contract which it was intended to discharge. To release a judgment, or writing under seal, the release must also be under seal. The paper then here alleged to be a release, is not sufficient to discharge a judgment, or to bar a writ of Error.

On the ■ Errors assigned, the judgment was affirmed at June term, 1824. '

Cotton v. Wilson, 1 Minor 118 (Ala. 1823).

Pincite

1 Minor 118 (Cotton v. Wilson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.