Broughton v. Robinson
Supreme Court of Alabama
Writ of Error to the Circuit Court of Monroe. Motion by Robinson, against Nathaniel Broughton as a co-surety. The notice is directed to Nathaniel Broughton, and is in these words : “You will please take notice, that suit has been brought against me in the circuit court of Monroe county, in favor of Benjamin Fitzpatrick, Governor, for the use of E. W. Roberts, administrator de bonis non of Wm.
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Writ of Error to the Circuit Court of Monroe. Motion by Robinson, against Nathaniel Broughton as a co-surety. The notice is directed to Nathaniel Broughton, and is in these words : “You will please take notice, that suit has been brought against me in the circuit court of Monroe county, in favor of Benjamin Fitzpatrick, Governor, for the use of E. W. Roberts, administrator de bonis non of Wm. C. Cooledge, on a certain bond given by Edward T. Broughton, Nathaniel Broughton, John R. Davis, William Robinson and Samuel Bozeman. Said bond dated 31st of August, 1837, payable to Hugh McVay, acting…
1Opinion of the CourtGoldthwaite, J.
1. We think this case will be most conveniently considered by ascertaining the general *927principles which should govern it, rather than to separately examine the many assignments of error.
The statute under which the motion was made allows the recovery by one surety, when sued by a creditor, against another not sued, and directs, “ that it shall be lawful for the person thus sued to notify in writing, his co-surety or sureties, or either or any of them, of the pending of the suit; and it shall be the duty of the court, &c., before which the said suit is to be tried, on proof being made at the…
2Cases cited3 opinions
- M'Broom v. GovernorSupreme Court of Alabama · 1837
- Smith v. Branch Bank at MobileSupreme Court of Alabama · 1843
- Cave ex rel. Wallace v. BurnsSupreme Court of Alabama · 1844
3Cited by6 opinions
- Watts v. GayleSupreme Court of Alabama · 1852
- Stallworth v. PreslarSupreme Court of Alabama · 1859
- Ratliff v. AllgoodSupreme Court of Alabama · 1882
- County Commissioners of Calhoun Co. v. Woodstock Iron Co.Supreme Court of Alabama · 1886
- Irwin v. ScruggsSupreme Court of Alabama · 1858
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