Jefferson County Savings Bank v. Carland
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by the Jefferson County Savings Bank as against J. C. Carland and others, service on defendant being perfected in Cullman county, Alabama, and they being nonresidents of the state. From a judgment sustaining defendants’ plea in abatement, plaintiff appeals.
1Opinion of the CourtSayre, J.
The Jefferson County Savings Bank brought this action in Jefferson county on a contract made in that county. Defendants were nonresidents, their place of residence being in the state of Ohio. Process was served upon them in Cullman county. They pleaded in abatement that they were subject to suit in this state only in the county where they were found, and the trial court sustained their plea. Plaintiff appeals.(1) The question presented is whether on the facts stated defendants were suable in Jefferson county. The city court of Birmingham, from which process issued, is a court of general…
2Cases cited9 opinions
- New York, Lake Erie & Western Railroad v. EstillSupreme Court of the United States · 1893
- Peabody v. HamiltonMassachusetts Supreme Judicial Court · 1870
- Kress v. PorterSupreme Court of Alabama · 1902
- Smith v. GibsonSupreme Court of Alabama · 1887
- Weaver v. CrenshawSupreme Court of Alabama · 1844
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3Cited by18 opinions
- Lloyd Adams Inc. v. Liberty Mutual InsuranceSupreme Court of Georgia · 1940
- Ex Parte OwenSupreme Court of Alabama · 1983
- Ex Parte Cummings, Gazaway & Scott, Inc.Supreme Court of Alabama · 1980
- Shippers Pre-Cooling Service v. MacKsCourt of Appeals for the Fifth Circuit · 1950
- Brown v. Alabama Chemical Co.Supreme Court of Alabama · 1922
13 more not listed; retrieve them via the Exa API.