Dozier Lumber Co. v. Smith-Isburg Lumber Co.
Supreme Court of Alabama
Appeal from, Birmingham City Court. . . Heard before, Hon. Charles A. Senn. The summons was executed by service on E. V. Smith as president of defendant company on the 31st day of August, 1903. On the 9th day of November, 1903, there was a judgment by default, on proof of service of summons on E. Y. Smith, as president of defendant company, against the defendant.
Read the full summary
Appeal from, Birmingham City Court. . . Heard before, Hon. Charles A. Senn. The summons was executed by service on E. V. Smith as president of defendant company on the 31st day of August, 1903. On the 9th day of November, 1903, there was a judgment by default, on proof of service of summons on E. Y. Smith, as president of defendant company, against the defendant. On September 22, 1903, the defendant company appeared specially by attorneys and moved the court to quash the return of the summons and complaiut and of notice of interrogatory on the following grounds: (1) That Smith, upon whom…
1Opinion of the CourtDowdell, J.
On the facts as shown by the record it was within the discretion of the trial court to permit the defendant to file the plea in abatement, to the jurisdiction of the court, and we fail to see any abuse in the exercise of this discretion. — Hawkins v. Armour Packing Co., 105 Ala. 545, 17 South. 16 ; Vaughan v. Robinson, 22 Ala. 519 ; Massy v. Steele’s Adm’r, 11 Ala. 340 ; Cobb v. Miller, 9 Ala. 499.
On the authority of the following cases we feel constrained to hold that the city court was without jurisdiction in the present case, and its several rulings on the demurrers and motions were free…
2Cases cited9 opinions
- Louisville & Nashville Railroad v. DooleySupreme Court of Alabama · 1885
- Louisville & Nashville Railroad v. WilliamsSupreme Court of Alabama · 1896
- Ala. Great Southern Railroad v. ChumleySupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. NashSupreme Court of Alabama · 1897
- Vaughan v. RobinsonSupreme Court of Alabama · 1853
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Church of God Pent., Inc. v. Freewill Pent. Church of God, Inc.Mississippi Supreme Court · 1998
- Roman Catholic Diocese of Jackson v. MorrisonMississippi Supreme Court · 2005
- Ex Parte Southern Ry. Co.Supreme Court of Alabama · 1989
- Jefferson Island Salt Co. v. E. J. Longyear Co.Supreme Court of Alabama · 1923
- Ex Parte HaistenSupreme Court of Alabama · 1933
22 more not listed; retrieve them via the Exa API.