King v. Gibbs
Alabama Court of Appeals
Assumpsit. Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. Assumpsit by John Gibbs against W. L. King and otters, on a promissory note. For a judgment dismissing as to King, but rendered against the other defendants, they appeal.
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Assumpsit. Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. Assumpsit by John Gibbs against W. L. King and otters, on a promissory note. For a judgment dismissing as to King, but rendered against the other defendants, they appeal. Having dismissed the cause as to one of the joint obligors, the cause stood dismissed as to the others, and the plaintiff cannot insist that the service perfected by him was irregular or void. — Section 5300, Code 1907; Drennen & Go. v. Jasper Investment Go., 153 Ala. 322; Hensley v. Rhodes, 70 Ala. 373; Evans Marble Go. v. McDonald, 142 Ala. 132.…
1Opinion of the Court
PELHAM, P. J".
The form of action brought in the trial court by the appellee against the appellants was ex contractu, on a joint and several obligation (a promissory note). The record shows that the plaintiff dismissed his suit in the trial court as to the joint defendant G. B. King, and took judgment by default against the other defendants to the cause of action. It is the insistence of the appellants that the plaintiff in the court below by dismissing his suit as to the defendant G. B. King, who the record shows had been served with process, discontinued his cause of action and rendered the…
2Cases cited4 opinions
- Curtis v. GainesSupreme Court of Alabama · 1871
- Evans Marble Co. v. McDonald & Co.Supreme Court of Alabama · 1904
- Beecher v. HendersonAlabama Court of Appeals · 1912
- Drennen & Co. v. Jasper Investment Co.Supreme Court of Alabama · 1907
3Cited by1 opinion
- Crawford v. MillsSupreme Court of Alabama · 1918