Hall v. Hudson
This text of 20 Ala. 284 (Hall v. Hudson) 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.
Opinion
The legal issue upon the plea of nul tiel record was, in the opinion of the court, correctly determined. The Orphans’ Court was a court of record, and the entry of the judge, however full it might be, did not be[287]*287come tbe judgment of the court until entered of record. 3 Blackstone’s Com. 24. The statute (Clay’s Digest, 304, § 42) was not intended to alter this rule, but to authorize the issue of executions against an executor or administrator for the amount decreed, after it had become the judgment of the court, as in case of judgments at law.
•' We do not, by this decision, determine that a judgment of the Orphans’ Court can be revived by scire facias, understanding the counsel to waive all other points than the one determined.
The judgment is affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
20 Ala. 284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-hudson-ala-1852.