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37 Ala. 87

Sauls v. Carmichael

Supreme Court of Alabama

Decided June 15, 1860

Supreme Court of Alabama · decided 1860-06-15

The record does not show who was the presiding judge. This case originated in a justice's court, where several actions were commenced in the name of R. T. Sauls, for fbe use of Thomas Wickham, against Carmichael & Allen, surviving partners, &c. The several cases having been consolidated in tire circuit court, the defendants there moved, at tire November term, 1858, to dismiss the suit for wairt of security for the costs ,- and the court thereupon, ordered, “that the…

Cited by 1 later decisions — most recently December 1910

1 state decisions

Relies on Stone v. Stone ex rel. Underwood

Good law ✅— No negative treatment on recordhow we know

Decided 1860-06-15

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R. W. WALKER, J.

¶1If we look alone to the minute entry of the 26th April,' 1859, there may be some uncertainty as to whether it was for Wickham ¿ or for Sauls, that Pruitt then became surety. But the judgment entry which was made on the 27th April, 1859, sufficiently shows that Pruitt was at that time bound as surety for Sauls. In-the margin of this latter entry, the parties to the case, as-it then stood, are named, Sauls being the plaintiff; and the-minutes recite the fact, that Pr'uitthad “acknowledged himself security for costs in this behalf,” the obvious meaning of which is, that he was surety for Sauls. At any rate, the language is susceptible of that construction ; and that is enough to induce us to adopt it, if, by so doing, we can affirm the judgment of the circuit court. Where the record is so obscure, that it does- not distinctly appear-upon what state of facts the judgment of the court below was-rendered, the presumption is-in favor of the judgment, and-, it will be affirmed. — Stone v. Stone, 1 Ala. 582 ; Pender v. Felts, 2 Sm. & M. 589.

¶2Judgment affirmed.

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