Rowan v. Judge
Supreme Court of Alabama
Error to the Circuit court of Madison county. Debt on administration bond. In this case, a question arose, upon one of the grounds stated in the bill of exceptions, to wit: That the court below erred, in rendering judgment without a return of the sheriff, that the writ had been executed, and without proof that the plaintiff in error had acknowledged the service of the writ.
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Error to the Circuit court of Madison county. Debt on administration bond. In this case, a question arose, upon one of the grounds stated in the bill of exceptions, to wit: That the court below erred, in rendering judgment without a return of the sheriff, that the writ had been executed, and without proof that the plaintiff in error had acknowledged the service of the writ. The return of the sheriff, endorsed on the writ, was as follows: “Service acknowledged, 15th August, 1836. “M. M. Rowan.” “Received, 15th August, 1836. “ D. B. Turner, sheriff.” “ Service acknowledged by defendant. “D. B.…
1Opinion of the CourtCollier, C. J.
— All the points made in this case, have been decided against the plaintiff in error, by the opinion delivered at the present term, in Searcy & Fearn vs Thompson, judge, &c., except that which relates to *172the insufficiency of the service of process upon the plaintiff. On the original process, the record informs us, were the following endorsements:
“ Service acknowledged, 15th August, 1836.
“ M. M. Rowan.”
“ Received, ,15th August, 1836.
“D. B. Turner, sheriff.”
And “ Service acknowledged by defendant.
“ D. B. Turner, sheriff.”
Whether the acknowledgment of service certified by the sheriff, be that to…
2Cited by5 opinions
- Norwood v. RiddleSupreme Court of Alabama · 1839
- Kent v. KentSupreme Court of Alabama · 1932
- Quigley v. CampbellSupreme Court of Alabama · 1847
- Humphreys' Adm'r v. ThompsonSupreme Court of Alabama · 1844
- Read v. Benton CountyOregon Supreme Court · 1882