Marshall v. Caudler
Marshall v. Caudler
21 Ala. 490
Cases that cite this one
5 later published cases cite this decision.
- Ex Parte Brickell (Ala. 1920)
- Bice v. Jones (Ala. Civ. App. 1970)
- Jesse French Piano & Organ Co. v. Bradley (Ala. 1904)
- Werborn v. Pinney (Ala. 1883)
- Payne v. Thompson (Ala. 1872)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
— 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-law data current through September 30, 2026. Source: CourtListener bulk data.