Irwin v. Scruggs
Supreme Court of Alabama
[MOTION FOB SUMMARY JUDGMENT BETWEEN SURETIES.] Appeal from the Circuit Court of Madison. Tiled before the Hon. Jomsr E. Mooue. This proceeding was instituted by John W. Scruggs against William B. Irwin, both of whom, together with one Richard 0. Mason, were sureties on the official bond of Henry E. Scruggs, as register of the chancery court of Morgan county.
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[MOTION FOB SUMMARY JUDGMENT BETWEEN SURETIES.] Appeal from the Circuit Court of Madison. Tiled before the Hon. Jomsr E. Mooue. This proceeding was instituted by John W. Scruggs against William B. Irwin, both of whom, together with one Richard 0. Mason, were sureties on the official bond of Henry E. Scruggs, as register of the chancery court of Morgan county. In the notice, which was issued and served on the 11th August, T855, the defendant was “ notified that Isaiah Bill has sued ” said Scruggs on said bond; that the writ was returnable to the August term,. 1855, of the circuit court of…
1Opinion of the CourtWalker, J.
Section 2645 of the Code authorizes a surety, whose principalis insolvent, when sued, to recover judgment upon notice of the pending suit, against such of his co-sureties as are not sued in the action, for their aliquot portion of the debt, excluding from the estimate the proportion of such of the sureties as are insolvent. It has been the uniform practice, for the court to receive proof of the requisite facts, and render judgment upon such motions, where the defendant does not make up an issue to be tried by the jury. — Broughton v. Robinson, 11 Ala. 922; Clemens v. Branch Bank of…
2Cases cited5 opinions
- Smith v. Branch Bank at MobileSupreme Court of Alabama · 1843
- Curry v. Bank of MobileSupreme Court of Alabama · 1839
- Broughton v. RobinsonSupreme Court of Alabama · 1847
- Clements v. Branch of the BankSupreme Court of Alabama · 1840
- Evans v. Bank of the StateSupreme Court of Alabama · 1848
3Cited by3 opinions
- Barclay v. BarclaySupreme Court of Alabama · 1868
- Garnett v. ScottSupreme Court of Alabama · 1922
- Andrews v. KeepSupreme Court of Alabama · 1862