Blackman v. Joiner
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. The facts are stated in the opinion. The court, on request in writing, gave the general charge in favor of appellee, and appellant excepted.
1Opinion of the CourtStone, C. J.
— In April, 1867, James Bell recovered a judgment against Kenneth McCaskill, principal in the debt, and against Zachariah Blackman and others, who were the sureties of McCaskill. McCaskill, the principal, died before this suit was brought, and Jenneth A. Joiner is sued as his administratrix. The suit was at one time in the name of James Bell, suing for the use of Blackman, and the complaint is special, claiming a right of recovery on the judgment itself. Bell died pending this suit, his death was suggested, and the suit continued in the name of Blackman, the cestui que use. — Code of 1876, §…
2Cases cited6 opinions
- Stallworth v. PreslarSupreme Court of Alabama · 1859
- Masterson v. GibsonSupreme Court of Alabama · 1876
- Giddens v. WilliamsonSupreme Court of Alabama · 1880
- Vanderveer v. WareSupreme Court of Alabama · 1880
- Winslow v. BrackenSupreme Court of Alabama · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Gambill v. GreenwoodSupreme Court of Alabama · 1945
- Holder v. BrooksSupreme Court of Alabama · 1954