Wilson v. Judge of the Co. Court
Supreme Court of Alabama
Error to the County Court of Pike. This was a proceeding under the bastardy act, instituted iy Mary Ann Lawhorn against the plaintiff in error. The questions raised by the assignments of error will be understood from the opinion of the court.
1Opinion of the CourtDargan, C. J.
It is contended that the recognizance, by which the plaintiff in error was bound to appear before the County Court, is defective, and therefore the court had no jurisdiction to try the cause. It is not necessary to enquire whether the recognizance would have been held good, if a motion had been made to quash it before proceeding to trial on the merits, or whether the judgment by default could have been sustained upon it, had the party failed to appear. But as he did appear and made no objection to the regularity of the proceedings, it is now too late to object to any matter of form after a…
2Cases cited8 opinions
- Wyman v. CampbellSupreme Court of Alabama · 1838
- Bates v. Planters' & Merchants' BankSupreme Court of Alabama · 1838
- Pruitt v. Judge of the Co. CourtSupreme Court of Alabama · 1849
- Trawick v. DavisSupreme Court of Alabama · 1842
- Spence v. RutledgeSupreme Court of Alabama · 1847
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Billingsley v. ClellandWest Virginia Supreme Court · 1895
- Lee v. LeeSupreme Court of Alabama · 1880
- Pollard v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1893
- Martin v. StateSupreme Court of Alabama · 1878
- Frank v. StateSupreme Court of Alabama · 1866
4 more not listed; retrieve them via the Exa API.