Stodder v. Cardwell
Supreme Court of Alabama
Error to the Circuit Court of Tuslcaloosa. Tried before the Hon. John D. Phelan. This was a motion for a summary judgment by Cardwell against the plaintiff in error, as executor of James J. Foster, deceased.
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Error to the Circuit Court of Tuslcaloosa. Tried before the Hon. John D. Phelan. This was a motion for a summary judgment by Cardwell against the plaintiff in error, as executor of James J. Foster, deceased. The notice alleged that Cardwéll endorsed a certain bill of exchange, which is particularly described, for the accommodation of said Foster, the drawer; that judgment was afterwards rendered against him on said endorsement, and execution issued thereon, and that he had been compelled to pay the amount of said execution to the sheriff. Judgment by default was rendered against the plaintiff…
1Opinion of the CourtChilton, J.
The only question which is presented by this record is, whether one who endorses a bill for the accom*224modation of tbe drawer, and wbo has been compelled to pay the same by suit, is a security within the meaning of the first section of the act of 1821, so as to be entitled to the summary remedy which the law provides for sureties. The section referred to reads as follows: “ Irnall cases where judgment shall be entered up in any court of record, or by any justice of the peace, against any person or persons as security or securities, their executors or administrators, upon any note, bill, bond or…
2Cases cited2 opinions
- Bates v. Branch Bank at MobileSupreme Court of Alabama · 1841
- Spence v. BarclaySupreme Court of Alabama · 1845
3Cited by3 opinions
- Denson v. GraySupreme Court of Alabama · 1896
- Dibrell v. DandridgeMississippi Supreme Court · 1875
- Moody v. FindleySupreme Court of Alabama · 1869