Buffington v. Cook
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. MoKinstry, This action was brought by Major Cook, against Thomas M. Buffington, to recover one-half the amount paid by the plaintiff, under execution, on a judgment rendered against him and the defendant jointly, in favor of one E. P. Chappell.
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Appeal from the City Court of Mobile. Tried before the Hon. Alex. MoKinstry, This action was brought by Major Cook, against Thomas M. Buffington, to recover one-half the amount paid by the plaintiff, under execution, on a judgment rendered against him and the defendant jointly, in favor of one E. P. Chappell. The defendant pleaded the general issue, in short by consent, and a special plea, averring that lie had no interest in the contract and cause of action on which the judgment in favor of Chappell was founded, but that the plaintiff alone was responsible to Chappell for the performance of…
1Opinion of the CourtStone, J.
In the suit between Chappell as plaintiff’ and Buffington and Cook as defendants, the issue necessarily made by the pleadings was, whether the defendants, or either and which of them, had incurred a legal liability to the plaintiff. As between the two defendants, there was, and probably could be, no issue formed on the relative liabilities of the defendants inter sese. Hence, in that trial, no evidence was or could be properly introduced or examined, having for its object the establishment of such relative liabilities. There is wanting then, in this case, the necessary ingredients of an…
2Cited by11 opinions
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- Morris v. HallSupreme Court of Alabama · 1868
- Hathcock v. MitchellSupreme Court of Alabama · 1965
- Crow v. CrowOregon Supreme Court · 1914
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