Hobson & Sons v. Emanuel
Supreme Court of Alabama
Error to Perry Circuit court. Assumpsit on two promissory notes, ágainst Baker Hobson, Nicholas Hobson and China Hobson, copartners, trading under the firm and style of B. Hobson & Sons. The service of the writ was accepted by defendants in the following words endorsed on the writ: “We do hereby acknowledge legal service of the within —this 28 Sept. 1836. B. Hobson & Sons.”
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Error to Perry Circuit court. Assumpsit on two promissory notes, ágainst Baker Hobson, Nicholas Hobson and China Hobson, copartners, trading under the firm and style of B. Hobson & Sons. The service of the writ was accepted by defendants in the following words endorsed on the writ: “We do hereby acknowledge legal service of the within —this 28 Sept. 1836. B. Hobson & Sons.” To the declaration, Teseharner D. Hobson, who had been sued jointly with Baker and Nicholas Hobson, merchants, Sfc., in his own person, came and said that he was named and called Teseharner D. Hobson, and abs que hoc that…
1Opinion of the CourtGQIfDTHWAITE, J.
— if the judgment of the Circuit court was supported only by the acknowledgment of *444service, this, without proof, would he insufficient to sustain it, as decided by this court in Welch vs. Walker et ux. (4 Porter, 120;) but it_ is disclosed by the record; that at the trial term, “ came the parties, by their altor* rúes, and thereupon came a jury,” &c. Similar entries have been held sufficient evidence of the appearance of parties, and to dispense.with the necessity of actual service of process— (Gilbert vs. Lane, 3 Porter, 367; Lucy et al. vs. Beck, 5 Porter, 167.) The first assignment is…
2Cases cited2 opinions
- Welch v. WalkerSupreme Court of Alabama · 1836
- Chinnubbee v. NicksSupreme Court of Alabama · 1836
3Cited by6 opinions
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Ashby Brick Co. v. Ely & Walker Dry Goods Co.Supreme Court of Alabama · 1907
- Stubbs v. LeavittSupreme Court of Alabama · 1857
- Eaton v. P. W. & T. R. HarrisSupreme Court of Alabama · 1868
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