Ward v. Manly
Supreme Court of Alabama
Action on a Promissory Note. Appeal from the Oity Court of Birmingham. This was a suit brought in the city court of Birmingham by the appellant, W. C. Ward, as executor of the last will of M. G. Hudson, against the appellee, R. Fuller Manly, and counted upon a promissory note executed by the defendant to the plaintiff’s testator on September 16, 1889, andpayably the 1st of January, 1890. On November 7, 1895, the plaintiff prepared a summons and complaint in the cause ; and…
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Action on a Promissory Note. Appeal from the Oity Court of Birmingham. This was a suit brought in the city court of Birmingham by the appellant, W. C. Ward, as executor of the last will of M. G. Hudson, against the appellee, R. Fuller Manly, and counted upon a promissory note executed by the defendant to the plaintiff’s testator on September 16, 1889, andpayably the 1st of January, 1890. On November 7, 1895, the plaintiff prepared a summons and complaint in the cause ; and without the summons being signed by the clerk and register of the court, but with the complaint being signed by the…
1Opinion of the CourtHaralson, J.
The purpose of a summons is to inform the defendant of the action against him, to prevent his being taken by surprise, or being proceeded against without opportunity of being heard. A defendant may go into open court and confess judgment in favor of the plaintiff therein, or he may give a power of attorney to another to do so for him ; or upon a proper complaint, stating a legal cause of action, he may accept service and authorize the case to be docketed against him in court and stand for trial, as though regularly brought, and in neither of these instances is there any necessity for the…
2Cases cited3 opinions
- Earbee v. WareSupreme Court of Alabama · 1839
- Woodward v. CleggeSupreme Court of Alabama · 1845
- Ayres v. Hill, Hardy & Co.Supreme Court of Alabama · 1886
3Cited by5 opinions
- Stull v. Daniel MacH. Co.Supreme Court of Alabama · 1922
- Butler v. WaltonAlabama Court of Appeals · 1951
- Glover v. PughAlabama Court of Appeals · 1959
- Yates v. DobsonSupreme Court of Alabama · 1925
- Butler v. WaltonAlabama Court of Appeals · 1951