History
  • No items yet
midpage
Marshall v. Caudler
21 Ala. 490
Ala.
1852
Check Treatment
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.

Case Details

Case Name: Marshall v. Caudler
Court Name: Supreme Court of Alabama
Date Published: Jun 15, 1852
Citation: 21 Ala. 490
Court Abbreviation: Ala.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.