Legal Opinion

Wilson v. Owens' Administrator

Supreme Court of Alabama

Decided January 15, 1871PublishedCited by 2 opinions

Appeal from City Court of Montgomery. Tried before Hon. Thos. M. Arrington. The facts are stated in the opinion.

1Opinion of the CourtPetees, J.

This was an action of debt, founded on a promissory note, commenced by summons and complaint. The summons does not appear to have been signed or issued by the clerk of the court in which the proceedings were instituted. The signature of the clerk is wholly blank; and the summons bears date in 1860, some five years at least before the note on which the suit was brought was executed, and longer before it fell due. The complaint by which it is accompanied is in the usual form, but wholly without any intimation of a date. The service of the process is acknowledged, and the acknowledgment is…

2Cases cited3 opinions

  1. Harris v. MartinSupreme Court of Alabama · 1865
  2. Tuskaloosa Wharf Co. v. Mayor of TuskaloosaSupreme Court of Alabama · 1863
  3. O'Neal v. GarrettSupreme Court of Alabama · 1842

3Cited by2 opinions

  1. In re Estate of JamesCalifornia Supreme Court · 1893
  2. Tennessee C. I. & R. R. v. WiseSupreme Court of Alabama · 1909

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