Ewing v. Peck

Citations

• 17 Ala. 339

Syllabus

<p>1. After a judgment by default, although it may be necessary to execute a writ of inquiry, the defendant has not the legal right to plead to the merits of the action, whether his defence existed before, or arose after the rendition of the judgment.</p> <p>2. The right of a bankrupt to protect himself against the payment of all debts from which he has been discharged is perfect and unqualified; and he may therefore supersede and quash an execution issued in a suit, to which he had not the legal light to plead his discharge before the judgment was rendered against him.</p>