Moore v. Horn
Supreme Court of Alabama
Weit of Error to the Circuit Court of Madison county. Action of debt, by Horn & Bouldin against Moore. On the summons is the following endorsement: Service acknowledged; G. Moore. Teste, Wm. H. T. Brown, clerk. At the proper term of the court, a judgment by default was entered against Moore, but there is nothing in the judgment entry to show that any proof was then, or previously made of this acknowledgment of service.
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Weit of Error to the Circuit Court of Madison county. Action of debt, by Horn & Bouldin against Moore. On the summons is the following endorsement: Service acknowledged; G. Moore. Teste, Wm. H. T. Brown, clerk. At the proper term of the court, a judgment by default was entered against Moore, but there is nothing in the judgment entry to show that any proof was then, or previously made of this acknowledgment of service. In the vacation, after this judgment, Moore sued out Iris writ of error, and gave a supersedeas bond. At the next term, and pending the writ of error, the plaintiffs, without…
1Opinion of the CourtGoldthwaite, J.
1. It has several times been held by this court, that a defendant may voluntarily come before a court to answer a suit by the acknowledgment of the service of the process, and that such acknowledgment when made, is equivalent to service by the proper officer. In such cases, however, the entry of the acknowledgment upon the process, is not by itself, sufficient to sustain the jurisdiction, but the factum of the ac-knowlegment must be proved and shown upon the record, to have been so. [Earbee v. Ware, 9 Porter 291; Welch v. Walker, 4 Porter, 120.]
As a defendant may come before a court in this…
2Cases cited4 opinions
- Evans v. St. JohnSupreme Court of Alabama · 1839
- Welch v. WalkerSupreme Court of Alabama · 1836
- Hefflin v. McMinnSupreme Court of Alabama · 1830
- Earbee v. WareSupreme Court of Alabama · 1839
3Cited by13 opinions
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
- Cunningham v. FontaineSupreme Court of Alabama · 1854
- Dow v. WhitmanSupreme Court of Alabama · 1860
- Alabama Coal & Navigation Co. v. StateSupreme Court of Alabama · 1875
- Harris v. MartinSupreme Court of Alabama · 1865
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