¶1— 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.
7 Ala. 568
Spence v. Walker
Decided January 15, 1845
Supreme Court of Alabama · decided 1845-01-15
<p>1. Issue being tendered to the facts recited in a petition, upon which an execution had been superseded, and the petitioner declining to join in the issue, and offering no testimony in support of it, but desiring to take a nonsuit, the Court was justified in rendering judgment against him and his surety.</p>
Decided 1845-01-15