Hightower v. Ogletree
Supreme Court of Alabama
Appeal from tlie Circuit Court of Talladega. Tried before tlie Hon. Leroy F. Box. This action was brought by the appellee, T. E. Ogle-tree, against the appellant, T. M. Hightower, on January 2, 1892 ; and counted on a promissory note, which was payable on the 1st day of October, 1891. This note was executed by J. T. Griffin and the defendant, T. M. Hightower.
Read the full summary
Appeal from tlie Circuit Court of Talladega. Tried before tlie Hon. Leroy F. Box. This action was brought by the appellee, T. E. Ogle-tree, against the appellant, T. M. Hightower, on January 2, 1892 ; and counted on a promissory note, which was payable on the 1st day of October, 1891. This note was executed by J. T. Griffin and the defendant, T. M. Hightower. On July 24, 1893, on motion, the plaintiff was given leave to amend liis complaint by adding the name of J. T. Griffin as a party defendant, and summons and complaint were duly served upon Mm on January 18, 1894. The defendant filed two…
1Opinion of the Court
HARALSON, J. —
1. The first plea of the defendant was that of the general issue. The second, the legal sufficiency of which was not questioned, set up that the defendant, Hightower, was the surety of Griffin, the other maker of the note, and that he gave the notice authorized by statute (Code of 1886, § 3153) to the plaintiff, the payee of the note, to bring suit against the principal debtor, and that suit was not brought thereon to the first court to which it could be brought, after the receipt of such notice, and prosecuted with diligence according to the ordinary course of law, wherefore he…
2Cases cited7 opinions
- Steele v. TutwilerSupreme Court of Alabama · 1876
- Lee v. DeBardeleben Coal & Iron Co.Supreme Court of Alabama · 1893
- Phillips v. RileySupreme Court of Missouri · 1858
- Conklin v. ConklinIndiana Supreme Court · 1876
- Rowe v. BuchtelIndiana Supreme Court · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Mitchell v. KinneySupreme Court of Alabama · 1942
- St. Louis-San Francisco Ry. Co. v. KimbrellSupreme Court of Alabama · 1932
- Nora v. NoraSupreme Court of Alabama · 1986
- Craig & Co. v. Pierson L. Co.Supreme Court of Alabama · 1913
- Rasmus v. SchafferSupreme Court of Alabama · 1935
8 more not listed; retrieve them via the Exa API.