Winston v. Moffet
Supreme Court of Alabama
Error to the Circuit court of Sumter. Covenant — before P. Martin, J. The facts of this case, so far as it is considered necessary to state them, are, that the action was commenced in the court below, by the present defendant, against the plaintiff, and the writ returned, executed.
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Error to the Circuit court of Sumter. Covenant — before P. Martin, J. The facts of this case, so far as it is considered necessary to state them, are, that the action was commenced in the court below, by the present defendant, against the plaintiff, and the writ returned, executed. At the return term, it being suggested to the court, that an inquisition of lunacy had been found against the defendant below, and that William O. Winston and William Elliott had been appointed his guardians, — the court, on their motion, appointed them parties defendant to the suit. The cause was continued for…
1Opinion of the CourtOrmond, J.
The view we take of this case, will render it unnecessary to consider many of the questions which were argued at the bar. We are relieved from the necessity of considering, the propriety of the judgment of the court below, that the-defendant was in court after the discharge of the order appointing his guardians to conduct the cause during his lunacy, without any further process or act of the court ,to bring him in, as his subsequent appearance by attorney, was a waiver of the irregularity, if any existed. An appearance would cure a discontinuance, or supersede the necessity of showing that a…
2Cases cited2 opinions
- Martin v. DortchSupreme Court of Alabama · 1828
- Tate v. GilbertSupreme Court of Alabama · 1835
3Cited by4 opinions
- Milligan v. PollardSupreme Court of Alabama · 1895
- Sulzby v. PalmerSupreme Court of Alabama · 1916
- Sulzby v. PalmerSupreme Court of Alabama · 1916
- Bank of Kennedy v. DorrohSupreme Court of Alabama · 1923