Preslar v. Stallworth
Supreme Court of Alabama
Appeal from the Circuit Court of Choctaw. Tried before the Hon^C. W. Rapier. This action was brought., by William M. Stallworth, against Holden Preslar, to recover one half of the amount which the plaintiff had paid,, as the surety of Thomas R. Watts, on a judgment which Halsey, Utter & Co. had recovered against Mm and said Watts jointly; and was commenced on the 30th June, 1856. The case was before this -court, on appeal, at its June term, 1859, when the judgment of the…
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Appeal from the Circuit Court of Choctaw. Tried before the Hon^C. W. Rapier. This action was brought., by William M. Stallworth, against Holden Preslar, to recover one half of the amount which the plaintiff had paid,, as the surety of Thomas R. Watts, on a judgment which Halsey, Utter & Co. had recovered against Mm and said Watts jointly; and was commenced on the 30th June, 1856. The case was before this -court, on appeal, at its June term, 1859, when the judgment of the circuit court was reversed, and the cause remanded. See 34 Ala. 505. The pleadings in the cause are stated ■at length in…
1Opinion of the CourtR. W. Walker, J.
1. The record of the judgment in favor of Halsey, Utter & Co. against the plaintiff, was clearly admissible, to prove that such a judgment was rendered, and by way of inducement to the evidence that the debt on which it w-as- founded, and for which' the defendant was bound as co-surety with the plaintiff,' had been paid' by the latter. — Harrell v. Whitman, 20 Ala. 519 ; Troy v. Smith, 33 Ala. 471 ; Firemen’’s Ins. Co. v. McMillan, 29 Ala. 147.
2. The charge which the court gave the jury, is in strict accordance with the opinion pronounced wdien the case was-had before them 5. and the…
2Cases cited10 opinions
- Goldsmith, Forcheimer & Co. v. PicardSupreme Court of Alabama · 1855
- Firemen's Insurance v. McMillanSupreme Court of Alabama · 1856
- Stallworth v. PreslarSupreme Court of Alabama · 1859
- Troy v. Smith & ShieldsSupreme Court of Alabama · 1859
- Millard's Adm'rs v. HallSupreme Court of Alabama · 1854
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Faires v. CockerellTexas Supreme Court · 1895
- Glasscock v. HamiltonTexas Supreme Court · 1884
- Zimmerman v. GaumerIndiana Supreme Court · 1899
- Donegan v. WadeSupreme Court of Alabama · 1881
- Vandiver & Co. v. PollakSupreme Court of Alabama · 1894
11 more not listed; retrieve them via the Exa API.