Comer v. Jackson
Supreme Court of Alabama
Appeal from the City Court of Eufaula. Tried before the Hon. E. M. Kbils. This action was brought by B. H. Jackson, against G. L. Comer and J. W. Dreury; was founded on the defendants’ promissory note for #2,800, dated the 20th day of August, 1870, and due the 1st day of January, 1871; and was commenced on the 18th day of May, 1872. At the trial term, as the bill of exceptions states, “ the plaintiff asked the court, through his attorney, to allow the sheriff to amend his…
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Appeal from the City Court of Eufaula. Tried before the Hon. E. M. Kbils. This action was brought by B. H. Jackson, against G. L. Comer and J. W. Dreury; was founded on the defendants’ promissory note for #2,800, dated the 20th day of August, 1870, and due the 1st day of January, 1871; and was commenced on the 18th day of May, 1872. At the trial term, as the bill of exceptions states, “ the plaintiff asked the court, through his attorney, to allow the sheriff to amend his return on the summons and complaint, so that it might show that the defendant G. L. Comer had been served with a copy of…
1Opinion of the CourtPeters, C. J.
The object of the service of process is to give notice of the suit to parties to be affected by the judgment. Without such notice, no binding judgment can be rendered against them. The judgment is void without it. 4 Pet. 466 ; 14 Pet. 147; 9 How. 336; 11 How. 437. Here, it is contended that the date of the service in this case shows that it was made on the Sabbath ; that the court will take judicial notice of this date, by the aid of the almanac (31 Ala. 167; 33 Ala. 674) ; that such a service is a nullity, and consequently the judgment by default against Comer is erroneous, and should be…
2Cases cited8 opinions
- Boswell's Lessee v. OtisSupreme Court of the United States · 1850
- Webster v. ReidSupreme Court of the United States · 1851
- Hollingsworth v. BarbourSupreme Court of the United States · 1830
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- The Lessee of Walden v. Craig's HeirsSupreme Court of the United States · 1840
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- City of Tuscaloosa v. FairSupreme Court of Alabama · 1936
- Gill v. MoreSupreme Court of Alabama · 1917
- Whitney v. BlackburnOregon Supreme Court · 1889
- Ex Parte StollenwerckSupreme Court of Alabama · 1918
- Lane v. McFadyenSupreme Court of Alabama · 1953
7 more not listed; retrieve them via the Exa API.