Mobile & Montgomery Railroad v. Smith
Supreme Court of Alabama
Appear from the Circuit Court of Conecuh. Tried before the Hon. P. O. Harper. Tire transcript in this case shows that, at the March term of said circuit court, 1867, Hon. Jno.
Read the full summary
Appear from the Circuit Court of Conecuh. Tried before the Hon. P. O. Harper. Tire transcript in this case shows that, at the March term of said circuit court, 1867, Hon. Jno. K. Henry presiding, the following judgment was rendered: — “ Chesley C. Smith v. Lemuel Harville. } Came the plaintiff, by his attorney, and suggests to the court that the original papers in this case have been destroyed by fire, and moves the court for leave to substitute new papers, in lieu of those destroyed. And the plaintiff having proved, to the satisfaction of the court, that the papers so proposed to be…
1Opinion of the CourtPeters, C. J.
One of the objections to the judgment in this case is, that there was no service of the summons and complaint on the appellant, Harville, and no appearance on his behalf, or by him in person. Whether a defendant has been served with process or not, or whether he has appeared by attorney or in person or not, must be shown by the record. *332In this case, there was a substitution of the summons and complaint after service, on motion for that purpose. In this substituted record there is this entry, next after the receipt of the summons and complaint by the sheriff; that is to say: “ Executed by…
2Cases cited1 opinion
- Thomasson v. GroceSupreme Court of Alabama · 1868
3Cited by2 opinions
- Long v. GwinSupreme Court of Alabama · 1914
- Ex Parte MasonSupreme Court of Alabama · 1925