Stanley v. Bank of Mobile
Supreme Court of Alabama
Error, to the Circuit Court of Mobile. Tried before the Hon. Lyman Gibbons. This action was commenced by notice of motion for judgment on a certain promissory note made by John A. Cuthbert, and endorsed by the plaintiff in error.
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Error, to the Circuit Court of Mobile. Tried before the Hon. Lyman Gibbons. This action was commenced by notice of motion for judgment on a certain promissory note made by John A. Cuthbert, and endorsed by the plaintiff in error. The note is payable on the 1st day of July, 1845. The notice of motion for judgment is dated, and executed on defendant, on the 21st June, 1851. On the return day of the notice, the court made an order that all motions in favor of the Bank of Mobile to be made on that day, and on which the notices were made returnable on that day, be continued until the next…
1Opinion of the CourtLigon, J.
1. It is unnecessary to examine into the irregularities alleged to exist in the notice and order of continuance *656made by the court on the first day of the term to which it was returnable, inasmuch as wc think it well settled, that the subsequent appearance of the defendant at the same term, and his pleading to issue, amounts to a waiver of all exceptions to such irregularities. Where a party appears by counsel and pleads to the merits, he will not afterwards bo heard to say that ho was not notified b}r service of process, or that irregularities exist in previous orders of continuance.—Moore v.…
2Cases cited4 opinions
- Hair v. MoodySupreme Court of Alabama · 1846
- Crawford v. Branch of the Bank of Alabama at MobileSupreme Court of Alabama · 1844
- Griffin v. Bank of AlabamaSupreme Court of Alabama · 1844
- Coster, Robinson & Co. v. ThomasonSupreme Court of Alabama · 1851
3Cited by2 opinions
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
- Isbell & Co. v. Lewis & Co.Supreme Court of Alabama · 1893