Huff v. Campbell
Supreme Court of Alabama
This was a writ of error sued by Samuel Huff, to reverse a judgement rendered against him in the Circuit Court of Jackson county, at the April term, 182}', in favor of William H. Campbell.
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This was a writ of error sued by Samuel Huff, to reverse a judgement rendered against him in the Circuit Court of Jackson county, at the April term, 182}', in favor of William H. Campbell. The action was covenant, and was brought on a sealed obligation made by Philip Huff and Samuel Huff, to the plaintiff, a practising attorney, in the following languages “For value received, I will pay W, H. Campbell, or order, the sum of one hundred dollars, provided said Campbell gets Philip Huff clear of a charge of perjury, which is now against said Huff, in the Supreme Court of Errors and Appeals, at…
1Opinion of the Court
By JUDGE WHITE.
The first assignment of error is, that the declaration' is defective in not containing the averment of notice. It is admitted, that had the suit been against Philip, that as he must have known when he himself was acquitted, no such, averment would have been necessary; but that with respect to Samuel Huff, the security, it is otherwise. I cannot well perceive, how these two men, bound in the same manner, in the same instrument, to pay a sum of money on the same contingency, should be subjected to different liabilities. The true rule seems to be this, that when an action accrues…
2Cited by4 opinions
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- Dozier v. JoyceSupreme Court of Alabama · 1838
- Kyle v. EvansSupreme Court of Alabama · 1842
- Cox v. RobinsonSupreme Court of Alabama · 1832