Weeks v. Yeend
Supreme Court of Alabama
Appeal from the Circuit Court of Baldwin. Tried before the Hon. James T. Jones. This was a summary proceeding under section 3151 of the Code, by one alleged co-surety against another, whereby the plaintiff, who is appellee here, sought, on a motion made for the purpose, a summary judgment against the defendant, D. W. Weeks, upon the ground that plaintiff's intestate and defendant were co-sureties on the administration bond of one Hall, who had been appointed administrator of…
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Appeal from the Circuit Court of Baldwin. Tried before the Hon. James T. Jones. This was a summary proceeding under section 3151 of the Code, by one alleged co-surety against another, whereby the plaintiff, who is appellee here, sought, on a motion made for the purpose, a summary judgment against the defendant, D. W. Weeks, upon the ground that plaintiff's intestate and defendant were co-sureties on the administration bond of one Hall, who had been appointed administrator of the estate of one Dowty, deceased, and that upon a bill filed in the chancery court of Mobile county by the only heir…
1Opinion of the CourtBrickell, C. J.
This was a summary proceeding by notice and motion under the the statute, (Code, § 3151), by the personal representative of a deceased surety, to recover contribution from a surviving co-surety. A judgment by default was rendered against the co-surety, and there was the award of a writ of inquiry to ascertain the damages the'plaintiff was entitled to recover. The jury returned a verdict assessing the damages, and *548for the damages assessed a final judgment was rendered, from which appeal was taken.
So far as shown by the record, there was no evidence that the relation of sureties existed between…
2Cases cited1 opinion
- Warwick v. BrooksSupreme Court of Alabama · 1881
3Cited by3 opinions
- Central of Georgia Railway Co. v. GrossSupreme Court of Alabama · 1914
- Scott v. BrownSupreme Court of Alabama · 1894
- Union Indemnity Co. v. FreemanSupreme Court of Alabama · 1931