Riley v. Stallworth
Supreme Court of Alabama
Appeal from tbe Circuit Court of Escambia. Tried before the Hon. John K. Henry. Tbis action was brought by Joseph J. Stallworth, against William A. Riley, to recover the sum of $525, with interest, alleged to have been paid by the plaintiff, on the 30th September, 1873, for tbe defendant, and on his implied request; and was commenced on the 14th August, 1874. The complaint contained the common count for money paid, and a special count, which averred that the money was paid “…
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Appeal from tbe Circuit Court of Escambia. Tried before the Hon. John K. Henry. Tbis action was brought by Joseph J. Stallworth, against William A. Riley, to recover the sum of $525, with interest, alleged to have been paid by the plaintiff, on the 30th September, 1873, for tbe defendant, and on his implied request; and was commenced on the 14th August, 1874. The complaint contained the common count for money paid, and a special count, which averred that the money was paid “ in manner as follows : The plaintiff in this suit brought suit in the Circuit Court of Conecuh county, on the 19th…
1Opinion of the Court
BRICKELL, 0. J.
We do not suppose the appellee could have resorted to the summary remedy, given by the statute (R. C. § 3071), against a principal, in favor of a surety who has paid, in whole or in part, a judgment rendered against him, for the debt of the principal. That is not, however, material; for a statutory remedy of this kind is merely cumulative, not excluding the common-law remedy, and the plaintiff has the right to elect which he will pursue. — Sawyer v. Ballew, 4 Port. 116.
2. When the cause of action accrued to the appellee, on which the suit against Butler was founded, the statute…
2Cases cited1 opinion
- Sawyer v. BallewSupreme Court of Alabama · 1836
3Cited by9 opinions
- Craft v. Standard Acc. Ins. Co.Supreme Court of Alabama · 1929
- Conner & Wife v. SmithSupreme Court of Alabama · 1889
- National Surety Co. v. JulianSupreme Court of Alabama · 1933
- Washington v. TimberlakeSupreme Court of Alabama · 1883
- Life Casualty Ins. Co. v. BellSupreme Court of Alabama · 1938
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