Supreme Court of Alabama, 1823

Cotton v. Wilson

Cotton v. Wilson
Supreme Court of Alabama · Decided December 15, 1823 · Ellis
1 Minor 118

Cotton v. Wilson

Opinion of the Court

JUDGE Ellis

delivered the opinion of the Court.

On the motion of the defendant to dismiss the writ of jjrror, we have to enquire whether the paper, purporting to be a release of Errors, can operate as such. It is not under seal. A release must be of as high dignity as the obligation or contract which it was intended to discharge. To release a judgment, or writing under seal, the release must also be under seal. The paper then here alleged to be a release, is not sufficient to discharge a judgment, or to bar a writ of Error.

On the ■ Errors assigned, the judgment was affirmed at June term, 1824. '

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