Ivey v. Gamble
Supreme Court of Alabama
Error to the Circuit court of Lowndes county. Assumpsit — tried before Judge Hunter. Suit on a note against two defendants — Ivey and McBride. They pleaded several pleas-; also a joint plea of the statute of limitations. Replication, that the defendants had not been six years within the State of Alabama, previous to suit brought, and that the note was made in South Carolina ; on which issue was taken.
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Error to the Circuit court of Lowndes county. Assumpsit — tried before Judge Hunter. Suit on a note against two defendants — Ivey and McBride. They pleaded several pleas-; also a joint plea of the statute of limitations. Replication, that the defendants had not been six years within the State of Alabama, previous to suit brought, and that the note was made in South Carolina ; on which issue was taken. Yerdiet for plaintiff, against Ivey, and in favor of McBride, and judgment against Ivey, who here assigned for error, that the judg tnent was rendered against him upon the verdict, as-found by…
1Opinion of the CourtGoldthwaite, J.
— The only question presented is, whether any judgment ought to have been rendered against Ivey, as the pleadings are joint, and the verdict is against him alone.
The rule mentioned by Mr. Williams, in his note to Saunders, (2 Saund. 207, note 2) that a plaintiff can not discharge his action against any one defendant who has *547been sued on a joint contract, though unquestionable in England, has not been adopted in this country, to the extent laid down in the note. Indeed, there is a manifest injustice, in visiting on the plaintiff, as a fault, what is only his misfortune, when he has contracted…
2Cases cited1 opinion
- Hartness v. ThompsonNew York Supreme Court · 1809
3Cited by8 opinions
- Masterson v. GibsonSupreme Court of Alabama · 1876
- Mock v. WalkerSupreme Court of Alabama · 1868
- Curtis v. GainesSupreme Court of Alabama · 1871
- Keebles v. FordSupreme Court of Alabama · 1843
- Whitaker v. Van HornSupreme Court of Alabama · 1869
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