Boardman v. Parrish
Supreme Court of Alabama
Appeal from the Circuit Court of Hale. The record does not show tbe name of the presiding judge. This action was brought by John H. Parrish, against Yolney Boardman and Margaret E. Boardman; was commenced on tbe lOtb March, 1873, and was founded on a promissory note, executed by the defendants, and payable to the plaintiff.
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Appeal from the Circuit Court of Hale. The record does not show tbe name of the presiding judge. This action was brought by John H. Parrish, against Yolney Boardman and Margaret E. Boardman; was commenced on tbe lOtb March, 1873, and was founded on a promissory note, executed by the defendants, and payable to the plaintiff. Tbe original summons was against Yolney Boardman only, and was executed on him by tbe sheriff of Hale county, in which county the action was instituted; and a branch summons, against Margaret E. Boardman only, was served on her by tbe sheriff of Perry county. The complaint…
1Opinion of the CourtBbickell, C. J.
The present statute (It. 0. § 2561), in reference to branch summons against a joint defendant, residing in another county than that in which suit is instituted, is a substantial re-enactment of the former statute, as found in Clay’s Digest, 322, § 59. We do not doubt the correct practice, under the present, as it was settled under the former statute, is to make eaqh summons a counterpart of the other. Mayo v. Stonum, 2 Ala. 390. A variance between them is available, however, only by plea in abatement, filed at the return term of the process, as required by the rules of practice ; not by a…
2Cases cited2 opinions
- Mayo v. StoneumSupreme Court of Alabama · 1841
- Johnson v. KingSupreme Court of Alabama · 1852
3Cited by1 opinion
- Emerson v. HeardSupreme Court of Alabama · 1886