Eslava v. DePeyster

Supreme Court of Alabama

Eslava v. DePeyster

47 Ala. 468

DecidedJanuary 15, 1872

StatusPublished

This text of 47 Ala. 468 (Eslava v. DePeyster) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eslava v. DePeyster, 47 Ala. 468 (Ala. 1872).

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Opinion

B. E. SAEEOLD, J.

The plea is founded upon a provision of an act “to regulate judicial proceedings in certain cases,” approved August 12, 1868. This act authorizes a [470]*470stay of execution in favor of purchasers of land since May 1st, 1865, under certain circumstances. Even if it were not unconstitutional — about which there is no necessity for an expression of opinion — it has no reference to the rendition of judgment in the cases to which it was intended to apply. The plea was properly strickeu out as irrelevant. Rev. Code, § 2630.

The judgment is affirmed.

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B. E. SAEEOLD, J.

The plea is founded upon a provision of an act “to regulate judicial proceedings in certain cases,” approved August 12, 1868. This act authorizes a [470]*470stay of execution in favor of purchasers of land since May 1st, 1865, under certain circumstances. Even if it were not unconstitutional — about which there is no necessity for an expression of opinion — it has no reference to the rendition of judgment in the cases to which it was intended to apply. The plea was properly strickeu out as irrelevant. Rev. Code, § 2630.

The judgment is affirmed.

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Bluebook (online)

47 Ala. 468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eslava-v-depeyster-ala-1872.