Waller v. Campbell
Supreme Court of Alabama
Appeal from tbe Circuit Court of Montgomery. Tried before tbe Hon. JogN Gill Shorter. MotioN for a summary judgment by David Campbell against Charles R. Waller, for one balf tbe amount paid by said Campbell on a judgment rendered in November, 1851, in favor of Hugh Watson, for tbe use of William G. Waller, as guardian of Racbel E. Lewis (late Waller), against Annis Waller, late guardian of said Racbel, and said David Campbell, Charles R. Waller, and John R. Waller, as…
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Appeal from tbe Circuit Court of Montgomery. Tried before tbe Hon. JogN Gill Shorter. MotioN for a summary judgment by David Campbell against Charles R. Waller, for one balf tbe amount paid by said Campbell on a judgment rendered in November, 1851, in favor of Hugh Watson, for tbe use of William G. Waller, as guardian of Racbel E. Lewis (late Waller), against Annis Waller, late guardian of said Racbel, and said David Campbell, Charles R. Waller, and John R. Waller, as sureties of said Annis on her guardian’s bond; said John R. being alleged to be insolvent. The bill of exceptions states,…
1Opinion of the CourtChilton, C. J.
The Circuit Court did not err in this case, in excluding from the jury the execution of the former bond by Mrs. Waller as guardian for Rachel; for,[if the de*547fault of tbe guardian did not create an obligation upon tbe sureties in this bond, when they were jointly sued by tbe ward, this should have been shown. After judgment, and after one of tbe sureties has paid tbe entire demand, it is too late, as between themselves, when contribution is sought to be recovered, to go behind the joint judgment against them, and show that no cause of action existed against them.
But if we concede that Campbell…
2Cases cited2 opinions
- Nation v. RobertsSupreme Court of Alabama · 1852
- Broughton v. RobinsonSupreme Court of Alabama · 1847
3Cited by3 opinions
- Clayton v. StateAlabama Court of Appeals · 1918
- Hause v. HauseSupreme Court of Alabama · 1876
- Eubanks v. SitesCourt of Appeals of Texas · 1912