Contributed by klstacy_home
Description: Supreme Court Decisions - Watson vs. KnightDate: January 11 1870
Newspaper published in: Huntsville, AL
Source: Madison Co., AL Library
Page/Column: Page 2, Column 2
HEAD NOTES OF SUPREME COURT DECISIONS
(From the Montgomery Advertiser.)
MONTGOMERY, Jan. 7, 1870
J. B. Watson, et al. vs. James Knight.—Appeal from the Circuit Court of Cleburne county—Saffold, J. (Synopsis of points decided.)
Held 1st. When the complaint shows a substantial cause of action, the defects, which would have been available on demurrer, cannot be taken advantage of on error, when the parties were present in the Court below, and failed to make the objection.
2nd. In a suit for trespass against an officer for selling his property, the plaintiff is not estopped, because the defendant in execution, in his presence and without objection from him, claimed the property as exempt to himself from execution. Such evidence, unsupported by any other more definite, is inadmissible under a plea of fraud.
3rd. There is no error in refusing to charge the jury that a judgment is a lien upon certain property which may be claimed as exempt from execution. (Judgment of Circuit Court affirmed.)