Supreme Court of Alabama, 1852

Marshall v. Caudler

Marshall v. Caudler
Supreme Court of Alabama · Decided June 15, 1852 · Ligon
21 Ala. 490

Marshall v. Caudler

Opinion of the Court

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.

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