Nation v. Roberts
Supreme Court of Alabama
Error to the Circuit Court of Morgan. Tried before the Hon. L. P. Walker. This was a motion by the plaintiff to recover a judgment against the defendant for the sum of two hundred and fourteen dollars and seventy-nine cents, besides interest thereon.
Read the full summary
Error to the Circuit Court of Morgan. Tried before the Hon. L. P. Walker. This was a motion by the plaintiff to recover a judgment against the defendant for the sum of two hundred and fourteen dollars and seventy-nine cents, besides interest thereon. The notice of tbe motion sets forth the grounds on which it was made, which are, that the plaintiff and defendant became joint securities for one Thomas Beed on a promissory note to the Branch Bank at Decatur, upon which suit was brought by the Bank, and a joint judgment recovered against Beed, and also against the plaintiff and defendant, for…
1Opinion of the CourtDargan, C. J.
A security who has paid tbe debt cannot recover of bis co-security by way of contribution in this summary mode. Neither of tbe acts upon wbicb tbe plaintiff relies, goes this far. Tbe act of 1821, (Clay’s Digest, 531) allows a security who has been sued alone, and against whom execution is awarded, if tbe principal be insolvent, to move tbe court in wbicb tbe judgment was rendered, for judgment against tbe co-securities who were not sued, for their proportionate part. Tbe act of 1839 allows a security against whom a suit is pending, to move for judgment against a co-security who is not sued,…
2Cases cited3 opinions
- Murphy's adm'rs v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1843
- Adm'rs of Alexander v. Branch Bank at MontgomerySupreme Court of Alabama · 1843
- Levert v. Planters' & Merchants' BankSupreme Court of Alabama · 1838
3Cited by7 opinions
- Layne v. GarnerSupreme Court of Alabama · 1992
- Caldwell v. DunklinSupreme Court of Alabama · 1880
- Woolfolk v. IngramSupreme Court of Alabama · 1875
- Carter v. WannSupreme Court of Alabama · 1871
- McGee v. RussellSupreme Court of Arkansas · 1886
2 more not listed; retrieve them via the Exa API.