DeJarnette v. Dreyfus
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Action by D. R. Dreyfus and another against C. S. De Jarnette. From a judgment for plaintiffs, defendant appeals. D. R. and Morris Dreyfus began their action for breach of covenant of warranty, quiet enjoyment, and against incumbrances against C. S. De Jarneixe nv attachment on the ground that said De Jarnette was a nonresident.
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Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Action by D. R. Dreyfus and another against C. S. De Jarnette. From a judgment for plaintiffs, defendant appeals. D. R. and Morris Dreyfus began their action for breach of covenant of warranty, quiet enjoyment, and against incumbrances against C. S. De Jarneixe nv attachment on the ground that said De Jarnette was a nonresident. Defendant answered by plea to the jurisdiction on the ground that the defendant was not a nonresident. Demurrers were sustained to the plea, and motion was then made to quash the Avrit of attachment on…
1Opinion of the CourtDowdell, C. J.
The affidavit in attachment on the ground of nonresidence of the defendant, aiid notice by publication as provided by the statute, gave the court jurisdiction of the subject-matter, and without any personal appearance of the defendant would have authorized a judgment by default, and of condemnation of the property attached, but no personal judgment.
This jurisdiction could not be defeated by a plea in abatement .for want of jurisdiction of the person. The plea in abatement by the defendant, of residence and want of personal service, necessarily involved a denial, and the putting in issue of…
2Cases cited10 opinions
- Copeland v. McAdorySupreme Court of Alabama · 1892
- Vandiver & Co. v. WallerSupreme Court of Alabama · 1904
- Tucker v. AdamsSupreme Court of Alabama · 1875
- Chestnut v. TysonSupreme Court of Alabama · 1894
- Woodstock Iron Works v. StockdaleSupreme Court of Alabama · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Chicago, Mobile Development Co. v. G. C. Coggin Co.Supreme Court of Alabama · 1953
- Melvin v. ScowleySupreme Court of Alabama · 1925
- Dorrough v. MacKensonSupreme Court of Alabama · 1934
- Anniston L. & Mfg. Co. v. GriffisSupreme Court of Alabama · 1916
- Haas-Phillips Produce Co. v. Lee EdwardsSupreme Court of Alabama · 1920
5 more not listed; retrieve them via the Exa API.