Grayham v. Roberds
Supreme Court of Alabama
Writ of error to the Circuit Court of Jackson. This was an action of debt at the suit of the defendant in error. The writ was returned executed on the defendant only, who pleads payment and set off; as to the defendant, Grayham, there was no return. The plaintiff declared against both the defendants, and the following entry appears in the. record of the trial, verdict and judgment: “ Letty Roberts v. John Gray-ham and William H. Christian.
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Writ of error to the Circuit Court of Jackson. This was an action of debt at the suit of the defendant in error. The writ was returned executed on the defendant only, who pleads payment and set off; as to the defendant, Grayham, there was no return. The plaintiff declared against both the defendants, and the following entry appears in the. record of the trial, verdict and judgment: “ Letty Roberts v. John Gray-ham and William H. Christian. Came the parties by their attorneys, and thereupon came a jury of good and lawful men, to wit: Matthew Washington and eleven others, who, being…
1Opinion of the CourtCollier, C. J.
— The legal effect of the omission of the sheriff to make a return of the process as to Grayham, has been heretofore held to be equivalent to an affirmation by the sheriff, that he could not be found. This being the case, it is clear that he was not subject to a judgment, and the only questions are, whether the record shows-an appearance by him, and whether the judgment has been rendered against him. In Puckett v. Pope, 3 Ala. Rep. 552, it was held, that where there are two defendants, only one of whom was served with process, and pleads, and the judgment entry recites that the parties came…
2Cases cited3 opinions
- Catlin, Peeples & Co. v. GildersSupreme Court of Alabama · 1842
- Puckett v. PopeSupreme Court of Alabama · 1842
- Oliver v. HuttoSupreme Court of Alabama · 1843
3Cited by9 opinions
- Cape Charles Flying Service, Inc. v. NottinghamSupreme Court of Virginia · 1948
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Savage v. WalsheSupreme Court of Alabama · 1855
- Ladiga Saw-Mill Co. v. SmithSupreme Court of Alabama · 1884
- Shorter v. UrquhartSupreme Court of Alabama · 1856
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