Moore v. Briggs
Supreme Court of Alabama
Error to the Circuit Court of Tuscaloosa. Before the Hon. T. A. Walker. . Assumpsit by the defendant in error, as indorsee, against the plaintiff in error, as maker of a promissory note. The plaintiff below obtained a judgment, which on error to this court was reversed, and the cause remanded.
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Error to the Circuit Court of Tuscaloosa. Before the Hon. T. A. Walker. . Assumpsit by the defendant in error, as indorsee, against the plaintiff in error, as maker of a promissory note. The plaintiff below obtained a judgment, which on error to this court was reversed, and the cause remanded. After its return to the court below, another writ is found in the transcript, the service of which purports to be acknowledged by the defendant, but the writ is without the signature of the clerk. The first writ found in the transcript is sued out in the name of Faver, the payee in the note, for the use…
1Opinion of the CourtChilton, J.
The defendant appeared and plead to the action in the court below, he consequently waived all defects in the service of the writ. Chapman v. Arrington, 3 Stew. Rep. 480; Dunn v. Tillotson, 9 Porter’s Rep. 272; Hobbs et al v. Emanuel, 8 Ib. 442; Moore v. Phillips, 8 Ib. 567.
A declaration appears on file, and is found in the record, together with a writ to which it conforms. The writ however does not appear to have been signed by the clerk. Upon the back of the declaration is the following indorsement: “ It is agreed between us, that the within writ and declaration be the true one to be used.…
2Cases cited1 opinion
- Chapman v. ArringtonSupreme Court of Alabama · 1831
3Cited by1 opinion
- Lee v. DavisSupreme Court of Alabama · 1849