Spence v. Walker

Supreme Court of Alabama

Spence v. Walker

7 Ala. 568

Supreme Court of Alabama·Decided January 15, 1845·Published·Cited by 3 cases

Opinion

ORMOND, J.

— As the plaintiff below refused to join issue with the defendant, upon the facts of the petition for the super-sedeas, and desired to take a nonsuit, there was no course left for the Court but to render judgment. Such, indeed, should have been the judgment of the Court upon the demurrer to the petition, which shows no reason whatever for superseding the execution. Let the judgment be affirmed.

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ORMOND, J.

— As the plaintiff below refused to join issue with the defendant, upon the facts of the petition for the super-sedeas, and desired to take a nonsuit, there was no course left for the Court but to render judgment. Such, indeed, should have been the judgment of the Court upon the demurrer to the petition, which shows no reason whatever for superseding the execution. Let the judgment be affirmed.

Spence v. Walker, 7 Ala. 568 (Ala. 1845).

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Opinion

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