37 Ala. 662 | Ala. | 1861
It was objected in the circuit court, that there was no decree for the payment of money, upon which the. fieri facias levied by -the defendant could issue. We think the .decree of the chancellor in which he makes a reference to the register, and the decree confirming the register’s report, when construed together, and in reference to the bill and to the réport confirmed, amount to an order for the payment of the several sums of money reported by the register to be due by the defendants severally to-the-respective creditors, notwithstanding the gross informality of-the decrees. — Huffaker v. Boring, 8 Ala. 88; Harland v. Eastland, Hardin, 500 ; Honore v. Colmesnil, 1 J. J. Marsh. 506.
From what-has already been said, as to the admissibility of the execution in evidence, it resalts that the 6th, 7th, and 8th charges requested, were properly refused.
There was no error in giving the charge which was asked by the defendant. The reasons are indicated in our remarks as to the first charge given.
Reversed and remanded.