Madden v. Floyd
Supreme Court of Alabama
Appear from Lee Chancery Court. Heard before Hon. N. S. Graham. Mrs. A. A. Madden, a feme sole, one of the appellants, being indebted to one John R. Scott, executed to him her promissory note with John W. Floyd, the appellee, as her surety, for the amount of such indebtedness; and afterwards she qxe- ■ cuted and delivered to the appellee a mortgage on real estate situate in Lee county, to indemnify and hold him harmless from any loss which he might sustain by reason of his…
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Appear from Lee Chancery Court. Heard before Hon. N. S. Graham. Mrs. A. A. Madden, a feme sole, one of the appellants, being indebted to one John R. Scott, executed to him her promissory note with John W. Floyd, the appellee, as her surety, for the amount of such indebtedness; and afterwards she qxe- ■ cuted and delivered to the appellee a mortgage on real estate situate in Lee county, to indemnify and hold him harmless from any loss which he might sustain by reason of his suretyship. Mrs. Madden failed to pay the note at its maturity, and thereupon the appellee paid it; and he afterwards…
1Opinion of the CourtSomeryille, J.
This cause is -here on appeal from an an interlocutory decree of the chancellor, overruling a motion made to dismiss the bill for want of equity. The motion was made after a decree pro confesso on the bill, which had been entered on the thirtieth day after the service of the summons, and which the chancellor had declined to set aside on suggestion of its irregularity by the defendants.
We are of opinion that the appellants had the right to move to dismiss for want of equity notwithstanding the decree proconfesso against them. The general rule, it is true, is, that a defendant against whom such…
2Cases cited6 opinions
- Harrison v. SimonsSupreme Court of Alabama · 1876
- Mussina v. BartlettSupreme Court of Alabama · 1838
- Peabody v. HewettSupreme Judicial Court of Maine · 1861
- Thornton's Administrator v. NealSupreme Court of Alabama · 1873
- Pitfield v. GazzamSupreme Court of Alabama · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Dinkins v. LathamSupreme Court of Alabama · 1918
- Sloss-Sheffield S. & I. Co. v. LollarSupreme Court of Alabama · 1910
- Lewis v. AllenSupreme Court of Oklahoma · 1914
- Bowles v. LowerySupreme Court of Alabama · 1913
- Jones v. HaglerSupreme Court of Alabama · 1891
11 more not listed; retrieve them via the Exa API.