155 Ala. 180
Decided November 23, 1907
Supreme Court of Alabama · decided 1907-11-23
Supersedeas to Quash Execution and Prevent Levy. Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. Proceeding by John Eubanks against the state. From an adverse judgment, Eubanks appeals. The court was without jurisdiction to render a valid judgment by confession, and hence, the execution should have been quashed and supersedeas granted. — 64 Am. Dec. 506; 99 Am. Dec. 277. The court has full authority to vacate the judgment. — 5 Am. St. Rep. p. 448.
Affirmed · Decided 1907-11-23
¶1This is a proceeding, by supersedeas, to quash and prevent the levy of an execution issued on a judgment rendered against the appellant, John Eu-banks, and his sureties who confessed judgment with him on his conviction for crime. From a judgment denying the supersedeas, the appeal is taken.
¶2The proceeding is essentially a civil one, and, there being no assignment of errors on the record, the judgment appealed from is affirmed.
¶3Affirmed.