Marshall v. Caudler

21 Ala. 490
CourtSupreme Court of Alabama
DecidedJune 15, 1852
StatusPublished
Cited by7 cases

This text of 21 Ala. 490 (Marshall v. Caudler) 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
Marshall v. Caudler, 21 Ala. 490 (Ala. 1852).

Opinion

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.

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Related

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295 So. 2d 256 (Court of Civil Appeals of Alabama, 1974)
Bice v. Jones
236 So. 2d 718 (Court of Civil Appeals of Alabama, 1970)
Ex Parte Brickell
86 So. 1 (Supreme Court of Alabama, 1920)
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143 Ala. 530 (Supreme Court of Alabama, 1904)
Werborn v. Pinney
74 Ala. 591 (Supreme Court of Alabama, 1883)
Payne v. Thompson
48 Ala. 535 (Supreme Court of Alabama, 1872)
State v. Beasley
45 Ala. 81 (Supreme Court of Alabama, 1871)

Cite This Page — Counsel Stack

Bluebook (online)
21 Ala. 490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marshall-v-caudler-ala-1852.