Simmons v. Varnum
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before the lion. Jno. Gill Shorter. This was a summary proceeding, by notice and motion, by James Varnum, against Holman F. Simmons; and was commenced in October, 1856. The original notice alleged, that the plaintiff and one Felix Simmons, as sureties for the defendant, executed a promissory note for $300, payable to W. R. Baird or order; that a judgment was afterwards recovered on this note, against the plaintiff alone, for…
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Appeal from the Circuit Court of Talladega. Tried before the lion. Jno. Gill Shorter. This was a summary proceeding, by notice and motion, by James Varnum, against Holman F. Simmons; and was commenced in October, 1856. The original notice alleged, that the plaintiff and one Felix Simmons, as sureties for the defendant, executed a promissory note for $300, payable to W. R. Baird or order; that a judgment was afterwards recovered on this note, against the plaintiff alone, for the amount of the note and interest, which .judgment he had paid; and claimed a recovery for the entire amount so paid,…
1Opinion of the CourtA. J. Walker, C. J.
In a summary proceeding by a surety, against his co-surety, under the first subdivision of section 2645 of the Code, a recovery for more than the defendant’s aliquot part of the debt, after excluding the portion of insolvent sureties, can not be had; and evidence that the defendant was indemnified, adduced for the purpose of procuring a judgment for a. larger, amount, is irrelevant.
[2.] Where a defendant has been served with the legal notice of a proceeding in the circuit court against him, if is not necessary that he should have notice of any subsequent amendment of the pleadings. He is…
2Cited by4 opinions
- Ex parte BuckleySupreme Court of Alabama · 1875
- Bessemer Liquor Co. v. TillmanSupreme Court of Alabama · 1903
- Tuskaloosa Wharf Co. v. Mayor of TuskaloosaSupreme Court of Alabama · 1863
- Frank v. StateSupreme Court of Alabama · 1866