Findley v. Ritchie
Supreme Court of Alabama
Error to the County court of Wilcox. Assumpsit on promissory note. In this case, the County court of Wilcox, on motion of the defendant’s attorney, at the term holden in January, eighteen hundred and thirty-eight, quashed the plaintiffs’ writ, which was issued on the third day of January, eighteen hundred and thirty-eight, and made returnable in its body, as follows: “ before the honorable the County court, to be holden for Wilcox county, at the place of holding said court,…
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Error to the County court of Wilcox. Assumpsit on promissory note. In this case, the County court of Wilcox, on motion of the defendant’s attorney, at the term holden in January, eighteen hundred and thirty-eight, quashed the plaintiffs’ writ, which was issued on the third day of January, eighteen hundred and thirty-eight, and made returnable in its body, as follows: “ before the honorable the County court, to be holden for Wilcox county, at the place of holding said court, on the fourth Monday in January ■ next.” . • ' • • ' The only question raised upon the record, was, whe-. ther the word…
1Opinion of the CourtCollier, C. J.
— By an act passed as early as 1807, (Aik. Dig. sec. 111, p. 278,) it is enacted, that all process “ in any court of the' territory, (except subpoenas for witnesses, which in term time may be made returnable immediately,) shall be issued by the clerk of such court, and shall be returnable to"the first day of-the term, and shall be.executed at least five day&before the return thereof ; and if any person shall take out any. writ 'or- process while such court is sitting; or within five days before the beginning of the term, such writ or process shall be made returnable to the term next…
2Cited by4 opinions
- Chastain & Lawrence v. ArmstrongSupreme Court of Alabama · 1887
- Lore v. McRaeSupreme Court of Alabama · 1847
- Moore v. FiquettSupreme Court of Alabama · 1851
- Kelly v. GilmanSuperior Court of New Hampshire · 1854