Hall v. Woodward
Supreme Court of South Carolina
Before Wallace and Witherspoon, JJ., Fairfield, September, 1887, and February, 1888. The order of Judge Wallace was a short order granting the motion for leave to amend, on the' authority of Savings Bank v. Strother, 22 S. C., 552. Judge Witherspoon’s decree fully states the case, and was as follows : This is an action for contribution among sureties.
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Before Wallace and Witherspoon, JJ., Fairfield, September, 1887, and February, 1888. The order of Judge Wallace was a short order granting the motion for leave to amend, on the' authority of Savings Bank v. Strother, 22 S. C., 552. Judge Witherspoon’s decree fully states the case, and was as follows : This is an action for contribution among sureties. The plaintiff, in substance, alleges in his complaint that on December 21, 1860, one W. E. Hall, as principal, together with Daniel Hall, E. J. Hall, Edward G. Palmer, and the defendant, Thomas W. Woodward, as sureties, executed and delivered…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIver.
The plaintiff brings this action as assignee of his father, Daniel Hall, sr., against the defendant, Woodward, to recover one-half of the amount paid by. him in satisfaction of a judgment which had been recovered against Daniel Hall, sr., on a note, upon which it is alleged he and Woodward were joint sureties. In his original answer the defendant raised no issue, either as to the execution of said note by him, or as to the fact that he and Daniel Hall, sr., were co-sureties on said note, but rested his defence upon other grounds, one…
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