Humphreys' Adm'r v. Thompson
Supreme Court of Alabama
Writ of error to the Circuit Court of Morgan county, Thompson sued out a writ in assumpsit, against Humphreys, as the administrator of Humphreys, on the 12th of August, 1842. The cause of action indorsed on the writ, is, that it is brought to recover 3,000 dollars for goods, wares and merchandise, sold and delivered by the plaintiff to Carlisle Humphreys, deceased, in his lifetime, and at his special instance and request, in the years 1833 to 1841, in the said county of…
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Writ of error to the Circuit Court of Morgan county, Thompson sued out a writ in assumpsit, against Humphreys, as the administrator of Humphreys, on the 12th of August, 1842. The cause of action indorsed on the writ, is, that it is brought to recover 3,000 dollars for goods, wares and merchandise, sold and delivered by the plaintiff to Carlisle Humphreys, deceased, in his lifetime, and at his special instance and request, in the years 1833 to 1841, in the said county of Morgan, and for so much money paid, laid out and expended by said plaintiff to, and for the use of the defendant’s…
1Opinion of the CourtGoldthwaite, J.
We think this admission or consent, that the indorsement of the cause of action on the writ, should stand in lieu of a declaration, is not of the same nature as an acceptance of service of the writ, which, according to many previous decisions, is necessary to be proved to the court, and to set out on the record. [O’Neal v. Garrett, 3 Ala. Rep. 276; Rowan v. Wallace, 7 Porter, 171; Norwood v. Riddle, 9 ib. 425.]
The reason for these decisions is, that the party can only be brought before the court by actual service of process, or by some express waiver of it. When once in court, however, in…
2Cases cited2 opinions
- Rowan v. JudgeSupreme Court of Alabama · 1838
- O'Neal v. GarrettSupreme Court of Alabama · 1842
3Cited by1 opinion
- Lee v. DavisSupreme Court of Alabama · 1849