Legal Opinion

Thompson v. Union Springs Guano Co.

Supreme Court of Alabama

Decided November 28, 1918No. 4 Div. 763PublishedCited by 10 opinions

Appeal from Circuit Court, Bullock County; J. S. Williams, Judge. Action by the Union Springs Guano Company against Sallie M. Thompson. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtSomerville, J.

[1] Venue statutes, in civil actions at least, confer a mere personal privilege which may be waived by the party entitled to assert it. Woolf v. McGaugh, 175 Ala. 299, 307, 57 South. 754.

[2] In accordance with this theory of venue, we think it is clearly competent for the parties to a contract to stipulate therein that either may sue the other, in an action founded on the contract, in any court within the state having jurisdiction of the subject-matter. This is merely a w?uver in advance of the defendant’s right to be sued only in the county of his residence; and, not being contrary to public…

2Cases cited2 opinions

  1. Woolf v. McGaughSupreme Court of Alabama · 1911
  2. Wooddy v. MatthewsSupreme Court of Alabama · 1915

3Cited by10 opinions

  1. Brown v. Alabama Chemical Co.Supreme Court of Alabama · 1922
  2. Shows v. JacksonSupreme Court of Alabama · 1926
  3. Stewart v. Capital Fertilizer Co.Supreme Court of Alabama · 1922
  4. Alabama State Bar v. WatsonSupreme Court of Alabama · 1972
  5. Alabama State Bar v. WatsonSupreme Court of Alabama · 1972

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