Lee v. Baird
Supreme Court of Alabama
Appeal from tlie Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This was an action of assumpsit, brought by tlie appellant, Mamie Lee, an infant, wlio sued by her next fried, Thomas J. Lee, against B. W. Baird. The complaint contained the common counts, seeking to recover five hundred dollars due from the defendant.
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Appeal from tlie Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This was an action of assumpsit, brought by tlie appellant, Mamie Lee, an infant, wlio sued by her next fried, Thomas J. Lee, against B. W. Baird. The complaint contained the common counts, seeking to recover five hundred dollars due from the defendant. The suit was instituted in the circuit court of Jefferson county, on June 12, 1899, and on July 21, 1899, the sheriff returned tlie summons and complaint as executed, “by leaving a copy of the written summons and complaint with 11. W. Baird, the defendant.” The…
1Opinion of the Court
DOWDELL, J. —
The only distinction made by our statutes between residents and non-residents in the bringing of suits on summons and complaint in the courts of this State,is, that in case of suit by a nonresident, security for costs must be given. — -Code, § Í347. The defendant was served personally with process while within the jurisdiction of the court. There is no pretense that he was induced by the plaintiff by any fraud or otherwise to come within the jurisdiction of the court. The action is personal and transitory, and the case falls clearly within the principle laid down in Smith v.…
2Cases cited4 opinions
- Central Railroad & Banking Co. v. CarrSupreme Court of Alabama · 1884
- Pullman Palace Car Co. v. HarrisonSupreme Court of Alabama · 1898
- Steen v. SwadleySupreme Court of Alabama · 1899
- Harper v. HowardSupreme Court of Alabama · 1842
3Cited by7 opinions
- McKnett v. St. Louis & San Francisco Railway Co.Supreme Court of the United States · 1934
- Jefferson County Savings Bank v. CarlandSupreme Court of Alabama · 1916
- Lewis v. International InsuranceSupreme Court of Alabama · 1916
- Shuttleworth & Co. v. Marx & Co.Supreme Court of Alabama · 1909
- Ex Parte Cummings, Gazaway & Scott, Inc.Supreme Court of Alabama · 1980
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