Cummings v. May
Supreme Court of Alabama
Appeal from the Chancery Court of Hale. Heard before the Hon. A. H. Benners, as special chancellor. The record in this case shows these facts: W. G. Britton was elected tax-collector of Hale county at the general election in August, 3880, and gave bond as required by law, for the faithful discharge of his duties, with O. D. Cummings, Thos. J. Kinnard, James Collins, Thaddeus T. May, G. M. Nabors, T. J. Anderson, N. H. Gewin, and John Prisoc, as his sureties.
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Appeal from the Chancery Court of Hale. Heard before the Hon. A. H. Benners, as special chancellor. The record in this case shows these facts: W. G. Britton was elected tax-collector of Hale county at the general election in August, 3880, and gave bond as required by law, for the faithful discharge of his duties, with O. D. Cummings, Thos. J. Kinnard, James Collins, Thaddeus T. May, G. M. Nabors, T. J. Anderson, N. H. Gewin, and John Prisoc, as his sureties. Britton made default, and was removed from office before the expiration of his term. On the 11th October, 1883, a judgment for…
1Opinion of the CourtMcCLELLAN, J.
We find no error in the decree of the special chancellor in respect to May’s liability to contribute to the payment of the State’s judgment against Britton and seven of his eight sureties. Anderson being insolvent, prima facie, the share of each of the other sureties was one seventh of the sum remaining after the money realized from the principal and Anderson had been applied to it. This balance was paid by Cummings, Bonnard, Nabors, Prisoc, Collins and Grewin, the amount contributed by each having been fixed by agreement among themselves, upon the basis of the property owned by them…
2Cases cited3 opinions
- Fletcher v. JacksonSupreme Court of Vermont · 1851
- Stallworth v. PreslarSupreme Court of Alabama · 1859
- Pegram v. RileySupreme Court of Alabama · 1889
3Cited by2 opinions
- Cummings v. MaySupreme Court of Alabama · 1895
- Chalk v. CollierCourt of Appeals of Texas · 1919