Steele v. Tutwiler
Supreme Court of Alabama
Appeal from Circuit Court of Greene. Tried before Hon. L. K. Smith. This was an action of ejectment brought by the appellee, Tutwiler, against the appellant. Tutwiler claimed the lands as purchaser at a sheriff’s sale of them, made under an execution against the appellant as surety on the administration bond of one S. P. Steele, after a return of “ no property ” against the administrator.
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Appeal from Circuit Court of Greene. Tried before Hon. L. K. Smith. This was an action of ejectment brought by the appellee, Tutwiler, against the appellant. Tutwiler claimed the lands as purchaser at a sheriff’s sale of them, made under an execution against the appellant as surety on the administration bond of one S. P. Steele, after a return of “ no property ” against the administrator. On the trial, Steele filed several pleas, which asserted, in substance, that he signed the bond of the administrator under an oral agreement with him that another solvent surety should sign it, and delivered…
1Opinion of the CourtBrickell, C. J.
It rested within the discretion of the Circuit Court to allow or to reject the additional pleas proposed to be filed, after the defendant had pleaded, and the time for pleading, as prescribed by the rules of practice, had passed. The settled practice of this court is not to revise the action of the primary courts on matters committed to their discretion.—Hair v. Moody, 9 Ala. 399.
The rulings or judgment of the court on demurrers to pleadings must appear otherwise than in the bill of exceptions, or they are not the subject of revision. We have no doubt, however, of the correctness of the…
2Cases cited2 opinions
- Ware v. BradfordSupreme Court of Alabama · 1841
- Hair v. MoodySupreme Court of Alabama · 1846
3Cited by14 opinions
- Calhoun v. Hannan & MichaelSupreme Court of Alabama · 1888
- Rutledge v. RowlandSupreme Court of Alabama · 1909
- St. Louis-San Francisco Ry. Co. v. KimbrellSupreme Court of Alabama · 1932
- Carlisle v. KillebrewSupreme Court of Alabama · 1889
- Lytle & Co. v. Bank of DothanSupreme Court of Alabama · 1898
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