The Tennessee Legal Reporter; Decisions of the Supreme Court Volume 1

The Tennessee Legal Reporter; Decisions of the Supreme Court Volume 1

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 edition. Excerpt: ...Of Limitations.--While the surety is entitled to his motion, upon rendition of the judgment, yet his cause of action is the pnyinent of the judgment, and the statute begins to run from that time, and not from the renditiun of the judgment. Cases Cited.--Code, Sections 3625;, 3625a, 3626, 2279, 2281, 2784, 2786; 10 Yerg. 521; 5 Hum. 62!1; 9 Yerg. 57; 3 Yerg. 319; 7 Yerg. 165; Bank v. Campbell, 7 Yerg. 353; 8 Hum. 197; 11 Hum. 77; 3 Pars, on Con. 91; 1 Pars, on Con. 35-36--ed. DEADKKICK. C. J., DELIVERED THE OPINION OF THE COURT. At the July Term, 1874, of the Circuit Court of Fayette county, Cacke and Oortch, Executors of Josiah Higgerson, recovered a judgment against Em J. Reeves, principal, and I. G. Reeves and plaintiff, as sureties. Defendant, Pulliam's testator, W. G. Day, was a co-surety on the note upon which the judgment was obtained, but was not sued in the action. Pulliam was qualified as executor of Day's estate in January, 1865, and made his settlement in 1871. At the July Term, 1871, of said Circuit Court, and after said judgment had been rendered against him, plaintiff entered a motion for judgment over against his principal and co-sureties. On the 31st of March, 1874, the plaintiff paid $710.46, the amount of the judgment and interest thereon, and the sum of $12.80, the costs of suit; and on the 10th July, 1874, he dismissed his motion entered at July Term, 1871, and on the said 10th July, 1874, entered this motion against defendant, the executor of his co-surety, Day. The defendant relies upon the statutes of limitations of two years and six months, all the parties being residents of said Fayette county, and of seven years as a bar to the recovery. By sees. 3,625 j, 3,625 a of the Code, a right to a judgment, by motion, is given to...show more

Product details

  • Paperback | 186 pages
  • 189 x 246 x 10mm | 340g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236516214
  • 9781236516213