Legal Opinion

Steen v. Swadley

Supreme Court of Alabama

Decided November 15, 1899PublishedCited by 13 opinions

Appeal from tlie Tuscaloosa Law and Equity Court- Tried before the Hon. J. J. Mayfield. This action was brought by the appellee, George ESwadley against the appellant, V. E. Steen; and sought, to recover the amount alleged to be due the plaintiff from the defendant for timber which the defendant had out from the plaintiff’s property under a written contract existing between the parties. Both the plaintiff' and the defendant were non-residents of Alabama.

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Appeal from tlie Tuscaloosa Law and Equity Court- Tried before the Hon. J. J. Mayfield. This action was brought by the appellee, George ESwadley against the appellant, V. E. Steen; and sought, to recover the amount alleged to be due the plaintiff from the defendant for timber which the defendant had out from the plaintiff’s property under a written contract existing between the parties. Both the plaintiff' and the defendant were non-residents of Alabama. The suit was instituted in Tuscaloosa county on January 1, 1898. The summons and'complaint were executed upon the defendant by the -sheriff…

1Opinion of the CourtSharpe, J.

When as in this case a cause of action is transitory in its nature, it may be sued on wherever ■within the State the . defendant may be personally served with process though he be a non-resident and only transiently here, provided Inis presence within the jurisdiction be not obtained by fraud or duress.—Smith v. Gibson, 83 Ala. 284; Story’s Con. Laws, §§ 554, 581. The principle is the same though the plaintiff as well as the defendant is a foreigner.—Peabody v. Hamilton, 106 Mass. 217; 76 Am. Dec. 667; Barrell v. Benjamin, 15 Mass, 354; Roberts v. Knights, 7 Allen, 449; Rice v. Brown, 81 Me.…

2Cases cited11 opinions

  1. Snoddy v. CageTexas Supreme Court · 1849
  2. Peabody v. HamiltonMassachusetts Supreme Judicial Court · 1870
  3. Pullman Palace Car Co. v. HarrisonSupreme Court of Alabama · 1898
  4. Brewer v. WatsonSupreme Court of Alabama · 1880
  5. Smith v. GibsonSupreme Court of Alabama · 1887

6 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. McKnett v. St. Louis & San Francisco Railway Co.Supreme Court of the United States · 1934
  2. Sorrell v. ScheuerSupreme Court of Alabama · 1923
  3. Merchants & Planters National Bank of Sherman v. AppleyardSupreme Court of North Carolina · 1953
  4. Ex Parte MossSupreme Court of Alabama · 1965
  5. Lee v. BairdSupreme Court of Alabama · 1903

8 more not listed; retrieve them via the Exa API.

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