Legal Opinion

Rutherford's Adm'r v. Smith

Supreme Court of Alabama

Decided June 15, 1855PublishedCited by 8 opinions

Appeal from the Circuit Court of Lowndes. Tried before the Hon. ANDREW B. Moore.' Motion by John N. Smith for a statutory judgment against the appellant, as administrator de bonis non of William Rutherford, deceased, who was ■ co-surety with said Smith on a note for $6,300 57, on which one William Bowen was principal, and on which a judgment was recovered against him and said Smith ; -which judgment Smith was compelled to pay, Bowen, bring insolvent, and Rutherford dead.

1Opinion of the CourtRice, J.

This is a summary proceeding, by one surety against' a co-surety, under -the act of 1821. — Clay’s Dig. 531, § 4. The motion is in writing, and was duly served; and alleges all the facts which are necessary to'give the Cir*418cuit Court jurisdiction, and to entitle the appellee to judgment against the appellant. This motion, and its service, constitute part of the record ; and upon it, issues appear to have been made up by the parties, and tried by a jury.

Although the proceeding is summary, yet, as the appellant (who was the defendant in.the motion) appeared, and pleaded, and formed issues, which…

2Cited by8 opinions

  1. Davidson v. State ex rel. WoodruffSupreme Court of Alabama · 1879
  2. Ratliff v. AllgoodSupreme Court of Alabama · 1882
  3. Shouse v. LawrenceSupreme Court of Alabama · 1874
  4. County Commissioners of Calhoun Co. v. Woodstock Iron Co.Supreme Court of Alabama · 1886
  5. Ex parte WilsonSupreme Court of Alabama · 1875

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