Norwood v. Riddle
Supreme Court of Alabama
Error to Jackson County court. Assumpsit on note. The defendant in error sued the plaintiffs on a promissory note, by petition and summons- returnable into the County court of Jackson. The process was directed “ to any coroner,” &c. who returned the same with the following endorsements thereon, viz : “ I acknowledge service of the within writ. Feb. 6th, 1838. Henry Norwood.” “Received the same day issued, and executed on John G. Chambers, by handing a copy of the within.
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Error to Jackson County court. Assumpsit on note. The defendant in error sued the plaintiffs on a promissory note, by petition and summons- returnable into the County court of Jackson. The process was directed “ to any coroner,” &c. who returned the same with the following endorsements thereon, viz : “ I acknowledge service of the within writ. Feb. 6th, 1838. Henry Norwood.” “Received the same day issued, and executed on John G. Chambers, by handing a copy of the within. Feb. the 6th, 1838. . Daniel M. Martin, Coroner.” The petition and summons, from a note made at the first of it, appears to…
1Opinion of the CourtCollier, C. J.
In the case of Welch, adm’or, vs. Walker et us. (4 Porter’s R. 120,) this court decided that the mere endorsement on process of an acknowledgment of service, without proof of the genuineness of the signature of the defendant, will not authorise a judgment. In that case, it did not appear that the process had been in the sheriff’s hands, and in their opinion, the court say, “ if the writ appeared to have been received by the sheriff, such a return as the above might be considered as his return; but the mere appearance of the acknowledgment by the defendant, of his name on the back, is not…
2Cases cited1 opinion
- Rowan v. JudgeSupreme Court of Alabama · 1838
3Cited by4 opinions
- Hooie v. BarksdaleCourt of Civil Appeals of Alabama · 2012
- Kent v. KentSupreme Court of Alabama · 1932
- Parker v. ParkerSupreme Court of Alabama · 1864
- Costley v. DriverSupreme Court of Alabama · 1871