Legal Opinion

Steed v. Barnhill

Supreme Court of Alabama

Decided December 15, 1881PublishedCited by 5 opinions

Appeal from Clay Circuit Court. Tried before lion. LeRov F. Box. This was a suit brought by J. L. Barnhill against R. F. Steed, W. A. Steed and W. D. Steed, and was founded on a promissory note; executed by the defendants to the plaintiff. The defendants pleaded the general issue, and a failure of consideration. Other special pleas were also filed by the defendant ~W. D. Steed, which need not be set out in this report.

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Appeal from Clay Circuit Court. Tried before lion. LeRov F. Box. This was a suit brought by J. L. Barnhill against R. F. Steed, W. A. Steed and W. D. Steed, and was founded on a promissory note; executed by the defendants to the plaintiff. The defendants pleaded the general issue, and a failure of consideration. Other special pleas were also filed by the defendant ~W. D. Steed, which need not be set out in this report. As recited by the bill of exceptions, “the evidence introduced by the defendants tended to show that the note sued on was without any consideration on the part of the…

1Opinion of the CourtSomerville, J.

The usual rule is, that a judgment rendered against several pei-sons who are jointly liable, is an entirety, and'-if it is void as to one defendant, it is void as to all. The statute, however, makes all written obligations and promises, of any description, several as well as joint, and authorizes a recovery against one or more, as the facts may justify. Code of 1876, §§ 2905, 2919; Freeman on Judgments, § 136.

The rulings of the court so declared the law, and were correct.

The motion in arrest of judgment was properly overruled. The reasonable intendment is that the-word defmda/rvt in the…

2Cases cited1 opinion

  1. Porter v. CotneySupreme Court of Alabama · 1842

3Cited by5 opinions

  1. Burns & Co. v. Moore & McGeeSupreme Court of Alabama · 1884
  2. First National Bank v. DawsonSupreme Court of Alabama · 1884
  3. Guin v. Grasselli Chemical Co.Supreme Court of Alabama · 1916
  4. Denham v. YanceyAlabama Court of Appeals · 1922
  5. Borkowski v. JanickeMissouri Court of Appeals · 1913

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