Griffin v. Wilson
Supreme Court of Alabama
Ennon to the Circuit Court of Talladega. The return' of the sheriff on the first writ shows that Davd A. Griffin was not served.
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Ennon to the Circuit Court of Talladega. The return' of the sheriff on the first writ shows that Davd A. Griffin was not served. The return of the alias shows that D. A. Griffin was not served with process until the 2d of September, 1850; consequently but one term of tbe court bas intervened since sucb service, and it was error to render - judgment against him at the appearance term, by default. — Clay’s Dig. 384, § 115. The plaintiff must have judgment against ■ all the defendants, or none. A judgment against two would be a discontinuance as to the whole action. — 5 Ala. 183. Writ of error…
1Opinion of the CourtChilton, J.
By the act of 1839, (Clay’s Dig. 334, § 115,) it is enacted, that “in all suits instituted in any court having jurisdiction thereof, for,the purpose of collecting money, no judgment shall be rendered at the appearance term, except by the consent of parties, from the failure of the defendant or defendants to plead or enter appearance, as now by law required.” The writ in the case before us was executed on James Griffin and Moulton Rayfield, .but was returned to the first term of the court, “not found,” as. to David A. Griffin. Is was then permissible for the plaintiff to. have, discontinued as…
2Cases cited2 opinions
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