Rutherford's Adm'r v. Smith
Supreme Court of Alabama
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
- Davidson v. State ex rel. WoodruffSupreme Court of Alabama · 1879
- Ratliff v. AllgoodSupreme Court of Alabama · 1882
- Shouse v. LawrenceSupreme Court of Alabama · 1874
- County Commissioners of Calhoun Co. v. Woodstock Iron Co.Supreme Court of Alabama · 1886
- Ex parte WilsonSupreme Court of Alabama · 1875
3 more not listed; retrieve them via the Exa API.