Marshall v. Caudler

Jun 15, 1852
Reporters:
Before:
Ligon
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.