21 Ala. 490
Decided June 15, 1852
Supreme Court of Alabama · decided 1852-06-15
Eeros, to the Circuit Court of Sumter. Tried before the Hon. TueNee Reavis. Marshall filed his petition for a supersedeas of an execution, issued on a judgment recovered against him by Caudler in the Circuit Court of Sumter.
Relies on Carlton v. Fellows, Read & Co. · Holloway v. Washington
Good law ✅— No negative treatment on recordhow we know
Decided 1852-06-15
Cited by 6 later decisions — most recently May 1974
6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1— 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.
¶2Let the judgment be affirmed.