Lewis v. Collier
Supreme Court of Alabama
Appeal from Etowah Circuit Court. Heard before Hon. John W. Inzer. Action by B. T. Collier against Rebecca Lewis and others. From a judgment for plaintiff, defendant appeal.. The summons and complaint were issued against Rebecca Lewis, M. B. Johnson, and W. H. Barnes. The return of service shows that it was perfected upon Rebecca Lewis, W. R. Lewis, M. R. Johnson, and W. H. Barnes, This was made the basis of a motion to quash and a plea in abatement.
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Appeal from Etowah Circuit Court. Heard before Hon. John W. Inzer. Action by B. T. Collier against Rebecca Lewis and others. From a judgment for plaintiff, defendant appeal.. The summons and complaint were issued against Rebecca Lewis, M. B. Johnson, and W. H. Barnes. The return of service shows that it was perfected upon Rebecca Lewis, W. R. Lewis, M. R. Johnson, and W. H. Barnes, This was made the basis of a motion to quash and a plea in abatement. On motion of plaintiff, the sheriff amended his return so as to make the service correspond with the summons and complaint. The other facts…
1Opinion of the CourtDenson, J.
— There can be nothing available to the defendants (appellants) in the grounds of error which challenge the correctness of the trial court’s action in overruling the motion to quash the service and striking the plea in abatement. The summons and complaint and the sheriff’s return were all amended, and the amendments cured the supposed defects. —S. A. & M. Ry. v. Buford, 106 Ala. 303, 17 South. 395. According to the complaint, this action is based upon an alleged breach of the conditions of an injunction bond. Two items of damages are alleged to be consequent upon the breach, viz.: Liability…
2Cases cited4 opinions
- Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
- Southern Railway Co. v. ColemanSupreme Court of Alabama · 1907
- Montgomery County Union Agricultural Society v. HarwoodIndiana Supreme Court · 1891
- Metzger v. BrincatSupreme Court of Alabama · 1908
3Cited by1 opinion
- Springfield Fire & Marine Ins. v. FerrellAlabama Court of Appeals · 1916