Birmingham Flooring Mills v. Wilder & Co.

A general appearance by a defendant is a waiver of any defect in the service of the *594summons and complaint, and may ©ven dispense with, the necessity of the service of all process, the purpose of which is only to bring him into court. — Goldsmith v. Stetson & Co., 39 Ala. 183; McCaskey v. Pollock, 82 Ala. 174; 2 Brick. Dig. p. 366, §§ 81-87. Conceding that the service of the summons and complaint, as made by the sheriff in this case, was defective, because left with the wrong person— one who was no longer an officer or agent of the defendant corporation — the record shows a general appearance…