Winnemore v. Mathews
Supreme Court of Alabama
Appeal from City Court of Selma. Tried before Hon. P. G. Wood. The complaint in this cause (the name of the parties and style of count being here omitted,) was as follows ; • “ The plaintiff claims of the defendant three hundred dollars, due by account on 1st day of January, 1866, for work and labor done and services rendered for the defendant, at her request during the year 1865; also, the further sum of four hundred and six dollars, due by account on the 1st day of…
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Appeal from City Court of Selma. Tried before Hon. P. G. Wood. The complaint in this cause (the name of the parties and style of count being here omitted,) was as follows ; • “ The plaintiff claims of the defendant three hundred dollars, due by account on 1st day of January, 1866, for work and labor done and services rendered for the defendant, at her request during the year 1865; also, the further sum of four hundred and six dollars, due by account on the 1st day of January, 1867, for work and labor done and services rendered for defendant during the year 1866, which said several sums of…
1Opinion of the CourtB. F. Saffold, J.
The summons was not signed by the clerk, and the judgment was by default. The summons must be signed by-the clerk, and it is his signature which gives it validity. — -Rev. Code, §§ 2559, 2560; Stone v. Harris, Minor’s Rep. 32; Browder v. Gaston & Wellborn, 30 Ala. 677; Costley v. Driver, present term.
The complaint does not contain a substantial cause of action. By the omission to state who did the work, the plaintiff might recover money to which he had no claim whatever, and another is entitled.
The judgment is reversed, and the cause remanded.
2Cases cited1 opinion
- Browder v. GastonSupreme Court of Alabama · 1857
3Cited by6 opinions
- In re Estate of JamesCalifornia Supreme Court · 1893
- Louisville & Nashville Railroad v. WilliamsSupreme Court of Alabama · 1896
- Linam v. JonesSupreme Court of Alabama · 1901
- National Union v. KeefeAppellate Court of Illinois · 1912
- Griffin v. FowlerAlabama Court of Appeals · 1919
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