Relfe v. Valentine & Co.
Supreme Court of Alabama
Appeal from Circuit Court of Lowndes. Tried before Hon. James Q. Smith. The court will judicially know that “ Montgomery” means Montgomery county. — Smith v. Robinson, 11 Ala. .272; Hargrove v. Smith, 1 Ala. 80; Richardson v, Williams, 2 Por. 241. 2. It is said in reply to the above, that the defect in the summons is cured by the complaint, The complaint and suit are utterly inconsistent.
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Appeal from Circuit Court of Lowndes. Tried before Hon. James Q. Smith. The court will judicially know that “ Montgomery” means Montgomery county. — Smith v. Robinson, 11 Ala. .272; Hargrove v. Smith, 1 Ala. 80; Richardson v, Williams, 2 Por. 241. 2. It is said in reply to the above, that the defect in the summons is cured by the complaint, The complaint and suit are utterly inconsistent. The defendant is called to appear at the circuit court of Montgomery; this is the mandate of the court, of higher authority than that disclosed by the attorneys of plaintiff in the caption of the complaint.…
1Opinion of the CourtPeters, J.
This was an action of debt commenced in the circuit court by proceedings under the Code. This system of pleading and practice requires the complaint to accompany the summons. The complaint in this instance is in proper form. But the summons is in these words :
“ The State of Alabama, ) Lowndes county. f
To any sheriff of the State of Alabama — Greeting: You are hereby commanded to summon Montgomery S. Relfe *290to appear at the next term of the circuit court of Montgomery, to be held for said county, at the place of holding the same, then and there to answer the complaint of David Yalentine & Co.,…
2Cases cited2 opinions
- Alabama Conference M. E. Church South v. PriceSupreme Court of Alabama · 1868
- Blount v. McNeillSupreme Court of Alabama · 1856
3Cited by3 opinions
- Phillips v. MorrowSupreme Court of Alabama · 1924
- Pell City Manufacturing Co. v. SwearingenSupreme Court of Alabama · 1908
- Mattice v. BabcockIdaho Supreme Court · 1932