Home Protection of North Ala. v. Richards & Sons
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the lion. O. J. Semmes. This action was brought by the appellees, suing as partners, against the appellant, a domestic corporation; was founded on a policy of insurance on a quantity of “ties,” which the plaintiffs had effected with the defendant corporation, against loss or damage by fire; and was commenced on the 22d February, 1883. The defendant filed a plea in abatement, duly-verified by affidavit, averring that it was a…
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Appeal from the City Court of Mobile. Tried before the lion. O. J. Semmes. This action was brought by the appellees, suing as partners, against the appellant, a domestic corporation; was founded on a policy of insurance on a quantity of “ties,” which the plaintiffs had effected with the defendant corporation, against loss or damage by fire; and was commenced on the 22d February, 1883. The defendant filed a plea in abatement, duly-verified by affidavit, averring that it was a freeholder and had a permanent residence in Madison county, and was not subject to be sued in any other county. The…
1Opinion of the CourtSomerville, J.
— Section 2928 of the present Code of Alabama provides, that “No freeholder nor householder of this State, having & permanent residence within it, must be sued out of the county of his residence.” The only exception relates to suits for the recovery of real property, or trespasses upon realty. It is declared that “any summons, issuing contrary to the provisions of this section, must be abated on the plea of the defendant.” — Code 1876, § 2928.
A different rule is, however, prescribed for the venue of suits against corporations. The act of the General Assembly, approved February 13th, 1879,…
2Cases cited4 opinions
- South & North Alabama Railroad v. MorrisSupreme Court of Alabama · 1880
- Connecticut & Passumpsic Rivers Railroad v. CooperSupreme Court of Vermont · 1858
- Wood v. Hartford Fire Insurance Co.Supreme Court of Connecticut · 1839
- Hartford Fire Insurance Co. v. Inhabitants of HartfordSupreme Court of Connecticut · 1819
3Cited by17 opinions
- Woolf v. McGaughSupreme Court of Alabama · 1911
- Ex Parte GaunttSupreme Court of Alabama · 1996
- Smith v. Louisville & Nashville RailroadSupreme Court of Alabama · 1883
- Nelms v. Edinburg American Land Mortgage Co.Supreme Court of Alabama · 1890
- Associated Grocers of Alabama v. Graves Co.Supreme Court of Alabama · 1961
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