Birmingham Dry Goods Co. v. Bledsoe
Supreme Court of Alabama
Proceeding for Summary Judgment against Sheriff for Failure to serve Process. .Appeal from the Circuit Court of Blount. The Birmingham Dry Goods Company filed a motion in the circuit court of Blount county, in which it was averred that while there was pending in said court a suit in which the Birmingham Dry Goods Company was plaintiff and J. J. Griffith & Bro. were defendants, the said Birmingham Dry Goods Company asked for and obtained from said court, through its clerk, a…
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Proceeding for Summary Judgment against Sheriff for Failure to serve Process. .Appeal from the Circuit Court of Blount. The Birmingham Dry Goods Company filed a motion in the circuit court of Blount county, in which it was averred that while there was pending in said court a suit in which the Birmingham Dry Goods Company was plaintiff and J. J. Griffith & Bro. were defendants, the said Birmingham Dry Goods Company asked for and obtained from said court, through its clerk, a writ of subpoena for a material witness for the plaintiff in such cause, which writ of subpoena was issued and placed in…
1Opinion of the CourtMcCLELLAN, J.
The word “mesne” signifies mid-fdle, intervening, intermediate. — 15 Am. & Eng. Encyc. of Law, p. 386.
Process is the mandate of a court to its officer commanding him to perform certain services within his official cognizance. — 19 Am. & Eng. Encyc. of Law, p. 222. “Mesne process,” strictly speaking, embraces all writs and orders of the court, necessary for the carrying-on of the suit, after it has been instituted, from and after the summons, which is original process, up to, but not including, those writs which are. necessary to secure the benefits of the suit to the successful party, which…
2Cited by3 opinions
- Roberts v. Anheuser Busch Brewing Ass'nMassachusetts Supreme Judicial Court · 1913
- Higdon v. FieldsAlabama Court of Appeals · 1912
- Beavers v. HaddenCourt of Civil Appeals of Alabama · 1988