Buckner's Adm'r v. Stewart
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before tbe Hon. Wm. M. Buboes. This action was brought by Samuel M. Stewart, against Thomas H. Lewis, as the administrator of John L. Buckner, deceased, to recover contribution for money paid by plaintiff, as co-surety with defendant’s intestate, on an injunction bond, which was in the following words: “Know all men, by these presents, that we, John E. Roehell, Samuel M. Stewart and John L. Buckner are held and firmly bound unto…
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Appeal from the Circuit Court of Dallas. Tried before tbe Hon. Wm. M. Buboes. This action was brought by Samuel M. Stewart, against Thomas H. Lewis, as the administrator of John L. Buckner, deceased, to recover contribution for money paid by plaintiff, as co-surety with defendant’s intestate, on an injunction bond, which was in the following words: “Know all men, by these presents, that we, John E. Roehell, Samuel M. Stewart and John L. Buckner are held and firmly bound unto James L. Evans, register in chancery for said 16th district, in the penal sum of two thousand three hundred dollars,…
1Opinion of the CourtB. W. 'Walker, J.
1. It may be, that an obligation payable to “ James L. Evans, register in chancery,” is, without more, prima fade payable to him individually ; the addition “register in chancery,” being regarded as descriptio personae. But this prima-faeie intendment may be repelled by the body of the instrument; and if, by reference to that, it is seen that the obligation is one which the law required should be taken by, and made payable to, the register in his official capacity, the mere fact that the promise is expressed to be to James L. Evans, register, instead of to him as register, does not deprive…
2Cases cited8 opinions
- Harbin v. LeviSupreme Court of Alabama · 1844
- Jordan v. HazardSupreme Court of Alabama · 1846
- Dunham v. GrantSupreme Court of Alabama · 1847
- Evans v. Norris, Stodder & Co.Supreme Court of Alabama · 1840
- Walker v. SmithSupreme Court of Alabama · 1856
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Appleford v. Snake River Mining, Milling & Smelting Co.Washington Supreme Court · 1922
- Smith v. MasonNebraska Supreme Court · 1895
- Broughton v. WimberlySupreme Court of Alabama · 1880
- Grooms v. Brown-Marx Co.Supreme Court of Alabama · 1938