Pool v. Minge

The errors assigned are, that the summons bears no date except of the year; that the complaint does not contain a substantial cause of action, and that the judgment is against the defendant in her representative capacity while she is charged individually.

1. The defendant appeared to the action, and thereby waived any defect in the service of process to which she did not object. Lampley v. Beavers, 25 Ala. 534; Wheeler v. Bullard, 6 Port. 352.

2. The complaint is on an account, and is in the form prescribed by the Revised Code, p. 674. These forms have been uniformly held to be sufficient, in…