Chapman v. Arrington
Supreme Court of Alabama
On the 21st day of January, in the year 1829, Arrington brought an action of assumpsit, founded upon a promissory note for $600, against one Hill, as the maker, and Chapman, as indorser thereof to Arrington, the plaintiff below. The writ, with a branch thereof to Mobile county, which was executed on Chapman, was returnable to the March Term', 1S29, of the Circuit court for Clarke county ; there was no return as to Hill, and the declaration filed was against them jointly.
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On the 21st day of January, in the year 1829, Arrington brought an action of assumpsit, founded upon a promissory note for $600, against one Hill, as the maker, and Chapman, as indorser thereof to Arrington, the plaintiff below. The writ, with a branch thereof to Mobile county, which was executed on Chapman, was returnable to the March Term', 1S29, of the Circuit court for Clarke county ; there was no return as to Hill, and the declaration filed was against them jointly. At October Term, 1829, of said court, judgment by default final was rendered against Chapman, and the suit continued as to…
1Opinion of the Court
By JUDGE TAYLOR.
If the course pursued by the court below would have been regular in ordinary cases,, it would not have been in this. The object of the statute of 1823, is to secure the indorser from injury, if the money can be made out of the property of the payor. For this reason, this court, at the last term, in the case of Phillips v. Jordan,a .affirmed a judgment of the Circuit court of Shelby county; in which a discontinuance as to the payor, ordered by the plaintiff, because the writ was returned not found as to him, was determined to work a discontinuance of the whole action.
But it is…
2Cited by2 opinions
- Porter v. Burleson & DavisSupreme Court of Alabama · 1862
- Moore v. BriggsSupreme Court of Alabama · 1848