Butler v. Butler
Supreme Court of Alabama
Error to the Chancery Court of Dallas. The bill was filed by W. J. Butler, the defendant in error, against James A. Butler, the plaintiff in error, a resident of the State of Mississippi, and one Randal Duckworth, a resident of Dallas county, to enjoin the further prosecution of a suit, commenced by the latter against the defendant in error, in the county court of Lowndes, on a promissory note, which the bill alledges was the property of J. A. Butler, and praying also the'…
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Error to the Chancery Court of Dallas. The bill was filed by W. J. Butler, the defendant in error, against James A. Butler, the plaintiff in error, a resident of the State of Mississippi, and one Randal Duckworth, a resident of Dallas county, to enjoin the further prosecution of a suit, commenced by the latter against the defendant in error, in the county court of Lowndes, on a promissory note, which the bill alledges was the property of J. A. Butler, and praying also the' allowance of an account against him, he being alledged to be insolvent. An injunction was awarded. Process of subpoena…
1Opinion of the CourtOrmond, J.
The first and second assignments of error relate to the same matter, and will be considered together. In the case of a non-resident defendant, publication in the mode pointed" out by the statute, in a newspaper within the State, and also posted up at the court house door, is equivalent to an actual service of subpoena. In addition, the 40th rule of chancery practice requires, that when the residence of the defendant is stated, either in the bill or the affidavit to obtain the order of publication, the register shall enclose to him by mail, within forty days from the time of making the order,…
2Cases cited3 opinions
- Erwin v. FergusonSupreme Court of Alabama · 1843
- Mussina v. BartlettSupreme Court of Alabama · 1838
- Shrader v. WalkerSupreme Court of Alabama · 1845
3Cited by14 opinions
- Wilkerson v. WilkersonSupreme Court of Alabama · 1935
- Hooke v. HookeSupreme Court of Alabama · 1946
- Hartley v. BloodgoodSupreme Court of Alabama · 1849
- Cullum v. Branch BankSupreme Court of Alabama · 1853
- Dow v. WhitmanSupreme Court of Alabama · 1860
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