Smith v. Gibson
Supreme Court of Alabama
Appeal from the Circuit Court of Walker. Tried before the Hon. S- H. Sprott, cited Seals v. Bail-road Co., 2 Woods, 021; Toumsend v. Smith, 47 Wise. 628, or 32 Amer. Bep. 793; Sooft v. Noble, 13 Amer. Bep. 663; Dunlap v. Cody, 7 Amer. Bep. 129, note; Foster v. Glazeuer, 27 Ala. 396; Code, § 2928. cited Wharton’s Conf. Laws, § 711; Peabody v. Plumitton, 106 Mass. 217, or 76 Amer. Dec. 666; Hale v. Lawrence, 1 Zabr. 711, or 47 Amer. Dec. 190.
1Opinion of the CourtClopton, J.
— The action was brought by appellee in the Circuit Court of Walker county, to recover the amount due on a promissory note made by appellant. The defendant filed a plea to the jurisdiction of the court, on the ground that, at the commencement of the suit, and of the service of process, he was a resident citizen of Maryland. The assignments of error only relate to the ruling of the court, sustaining a demurrer to the plea. The summons was served on the defendant in person by the sheriff. The plea does not negative his presence in the county at the time of service; and fails to aver that he was…
2Cases cited1 opinion
- Peabody v. HamiltonMassachusetts Supreme Judicial Court · 1870
3Cited by15 opinions
- Burnham v. Superior Court of Cal., County of MarinSupreme Court of the United States · 1990
- McKnett v. St. Louis & San Francisco Railway Co.Supreme Court of the United States · 1934
- Cofrode v. GartnerMichigan Supreme Court · 1890
- Jefferson County Savings Bank v. CarlandSupreme Court of Alabama · 1916
- Ex Parte HaleSupreme Court of Alabama · 1944
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