Lyon v. Bolling
Supreme Court of Alabama
Error to the Chancery Court of Mobile. Before the Hon. A. Crenshaw, Chancellor. The bill was filed by the plaintiff in error, and alledges, that he was the indorser of Thomas R. Bolling, on three promissory notes of $ 1,250, executed by him to one Diego McToy. That judgment was obtained by McVoy on two of the notes, and execution thereon being returned not satisfied as to Bolling, he was compelled to pay them, and the last note he has paid without suit.
Read the full summary
Error to the Chancery Court of Mobile. Before the Hon. A. Crenshaw, Chancellor. The bill was filed by the plaintiff in error, and alledges, that he was the indorser of Thomas R. Bolling, on three promissory notes of $ 1,250, executed by him to one Diego McToy. That judgment was obtained by McVoy on two of the notes, and execution thereon being returned not satisfied as to Bolling, he was compelled to pay them, and the last note he has paid without suit. These notes were made on the 1st November, 1836, and due at six, nine, and twelve months after date. That T. R. Bolling purchased from one…
1Opinion of the CourtCollier, C. J.
This cause was here at a previous term, and the decision then made settles the equity of the bill, at least to the extent of the judgments which McVoy recovered against T. R. Bolling, (9 Ala. Rep. 463 ;) and we are now to consider whether the complainant has sustained his case by proof.
The testimony adduced to establish the existence of the judgments described in the bill was clearly incompetent. *759These judgments, and the proceedings in the causes in which they were rendered, if they ever existed, were prima facie matters of record, and could only be proved by the production of the record…
2Cases cited20 opinions
- Shute v. DorrNew York Supreme Court · 1830
- Fisher v. New-York Common PleasNew York Supreme Court · 1836
- Kirkman v. VanlierSupreme Court of Alabama · 1844
- McBride v. ThompsonSupreme Court of Alabama · 1845
- Rowley v. Van BenthuysenCourt for the Trial of Impeachments and Correction of Errors · 1836
15 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hale v. KinnairdSupreme Court of Alabama · 1917
- Ex parte GreshamSupreme Court of Alabama · 1886
- Central of Ga. Ry. Co. v. McNabSupreme Court of Alabama · 1907
- Donegan v. DavisSupreme Court of Alabama · 1880
- Glover v. GloverCourt of Appeals of Tennessee · 1958
8 more not listed; retrieve them via the Exa API.