Alabama City, Gadsden & Attalla Ry. Co. v. Ventress
Supreme Court of Alabama
Appeal from Etowah Circuit Court.. Heard before Hon. W. W. Haralson. Action by Thomas Ventress against the Alabama City, Gadsden & Attalla Railway Company. From an order .overruling a demurrer to a motion to substitute a summons and complaint, defendant appeals. ..
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Appeal from Etowah Circuit Court.. Heard before Hon. W. W. Haralson. Action by Thomas Ventress against the Alabama City, Gadsden & Attalla Railway Company. From an order .overruling a demurrer to a motion to substitute a summons and complaint, defendant appeals. .. This .was- an. application to the circuit- court to. substitute summons and complaint, which ivas alleged to have been delivered to the clerk, and by him, with copy, delivered to the sheriff of the county for service. It is alleged in the motion that it is lost, and that the complaint accompanying the motion is a substantial copy…
1Opinion of the Court
DOWDELL, J. —
The appeal in this case is taken from an order of the circuit court allOAving the substitution of lost papers iri a pending cause in said court. Section 2647 of the Code of 1896 is as folloAA’-s: “All courts have the inherent power, if original pápers or records, pertaining to matters of civil jurisdiction, or to civil cases AAdiich are pending,' dr which have been determined, are lost or destroyed, to cause a substituttion thereof, and the "substituted paper or record is of equal validity Avith the original.” ' This statute in effect- is but declaratory of the law as -it already…
2Cited by4 opinions
- Wise v. StateSupreme Court of Alabama · 1922
- Baxley v. JacksonSupreme Court of Alabama · 1927
- Worrell v. StateAlabama Court of Appeals · 1916
- Humphrey v. JohnsonCourt of Appeals of Georgia · 1913