Jones v. Nelson's
Supreme Court of Alabama
Appeal from the Circuit Court of Hale. Tried before the Hon. M. J. Saeeold. This action was brought by A. S. Nelson, “ guardian ” (and, on his death pending the suit, was revived in the name of his executrix), against Allen C. Jones, John R. Moore, and Rittenhouse Moore; was commenced on the 17th October, 1870; and was founded on a promissory note for $1,500, dated the 9th April, 1859, payable twelve months after date, to said “ A. S. Nelson, guardian,” with interest from…
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Appeal from the Circuit Court of Hale. Tried before the Hon. M. J. Saeeold. This action was brought by A. S. Nelson, “ guardian ” (and, on his death pending the suit, was revived in the name of his executrix), against Allen C. Jones, John R. Moore, and Rittenhouse Moore; was commenced on the 17th October, 1870; and was founded on a promissory note for $1,500, dated the 9th April, 1859, payable twelve months after date, to said “ A. S. Nelson, guardian,” with interest from date, and signed by said A. C. Jones, John R. Moore, and Sydenham Moore, deceased. In the summons, Rittenhouse Moore was…
1Opinion of the CourtBrickell, J.
Generally, a plea in abatement of process must give the plaintiff a better writ. It points out defects, which, if sufficient to quash, can be avoided on suing out new process. The defect must be apparent on the face of the writ, if the matter of the plea is not a misnomer. Here, no defect in the summons or complaint, which the plea prays may be quashed, is alleged. It is not denied that these are sufficient in form and substance. The irregularity complained of is, not serving the defendant pleading with a correct copy of these. If the plea had been sustained, better process would not have…
2Cases cited3 opinions
- Leaird v. MooreSupreme Court of Alabama · 1855
- Mock v. WalkerSupreme Court of Alabama · 1868
- Maverick v. DuffeeSupreme Court of Alabama · 1840
3Cited by10 opinions
- Valz v. Sheepshead Bay Bungalow Corp.New York Court of Appeals · 1928
- Black v. Pratt Coal & Coke Co.Supreme Court of Alabama · 1888
- Jones v. EngelhardtSupreme Court of Alabama · 1885
- Crenshaw v. Alabama Freight, Inc.Supreme Court of Alabama · 1971
- Anderson v. MelearSupreme Court of Alabama · 1876
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