Pinkston v. Taliaferro
Supreme Court of Alabama
Error to the Chancery Court at Montgomery. The bill was filed by the defendant in error, to obtain contribution from the plaintiff in error as co-surety.
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Error to the Chancery Court at Montgomery. The bill was filed by the defendant in error, to obtain contribution from the plaintiff in error as co-surety. The allegations of the bill are, that the complainant, together with Cummings & Spyker, and Martin M. Armstrong, were sureties for one Thornton Taliaferro, in -a note to the Branch Bank at Montgomery, for $4,4-06 79, due July 1, J.842. That before the maturity of the note, Thornton Taliaferro departed this life — that letters of administration have been granted to complainant, on his estate, which has since been declared insolvent, by the…
1Opinion of the Court
ORMOND, J
The depositions in the cause being published, and it being ready for a hearing, the defendant had not the right, as a matter of course, to amend his answer, and the refusal of the Chancellor to permit the amendment, to be made, cannot therefore be reviewed in this court.
We need not enter upon the inquiry, whether the administrator could be compelled to retain in his hands that portion of the assets which may be allotted to him on the final settlement of the estate of his intestate, as it cannot be known until the final settlement and order of distribution, what that sum will be. It…
2Cases cited2 opinions
- Witherby v. MannNew York Supreme Court · 1814
- Robertson v. MaxceyCourt of Appeals of Kentucky · 1838
3Cited by6 opinions
- Owen v. McGeheeSupreme Court of Alabama · 1878
- Stallworth v. PreslarSupreme Court of Alabama · 1859
- Smith v. MasonNebraska Supreme Court · 1895
- Smith v. PittsSupreme Court of Alabama · 1910
- Steele v. MealingSupreme Court of Alabama · 1854
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