State Bank v. Edwards
Supreme Court of Alabama
ERROR to the Chancery Court of Tuskaloosa. Tried before the Hon. W. W. Mason. Edwards & Walke filed this bill to restrain the collection of a judgment which the State Bank at Tuskaloosa had recovered against them.
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ERROR to the Chancery Court of Tuskaloosa. Tried before the Hon. W. W. Mason. Edwards & Walke filed this bill to restrain the collection of a judgment which the State Bank at Tuskaloosa had recovered against them. The bill alleges that the complainants became the sureties for one Houston, in 1837, on a certain note which was discounted by the said Bank; that the note was extended at maturity by the Bank, and a new note executed by Houston with other securities, and that this was done without the knowledge of complainants; that the Bank afterwards, notwithstanding the extension of the debt,…
1Opinion of the CourtChilton, J.
We deem it unnecessary in this case to notice any other than the question whether the defendants in error, who were the complainants in the court below, are not entitled to relief by reason of the interference 'of the Bank, in ordering the sheriff to return the execution which had been levied on the principal debtor’s property, by means of which the levy was discharged.
The proof in this case that the execution was delayed by the Bank, is not very explicit; but we < kink the answer of the Bank not being sworn to, the same amount of evidence is not required to disprove its denials as in other…
2Cases cited4 opinions
- Sawyer v. BradfordSupreme Court of Alabama · 1844
- Griffin v. State BankSupreme Court of Alabama · 1850
- Bank of Alabama v. GoddenSupreme Court of Alabama · 1849
- Royston v. HowieSupreme Court of Alabama · 1849
3Cited by7 opinions
- Chapman v. HoageSupreme Court of the United States · 1936
- Knighton v. CurrySupreme Court of Alabama · 1878
- Tarleton v. JohnsonSupreme Court of Alabama · 1854
- Summerhill v. TappSupreme Court of Alabama · 1875
- Latham v. StaplesSupreme Court of Alabama · 1871
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