Levystein Bros. v. O'Brien
Supreme Court of Alabama
Appeal from City Court of Montgomery, in Equity. Heard before the Hon. Thomas M.- Akrinuton. The bill in this cause was filed on September 12, 1894, by the heirs — mother, sister and brothers — of Archie O’Brien, Jr., deceased, against Levystein Bros., and avers the following facts : That about the 28th of April, 1894, Levystein Bros, obtained a judgment against the said Archie O’Brien, Jr., in a justice of the peace court of Montgomery county, upon which an execution was…
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Appeal from City Court of Montgomery, in Equity. Heard before the Hon. Thomas M.- Akrinuton. The bill in this cause was filed on September 12, 1894, by the heirs — mother, sister and brothers — of Archie O’Brien, Jr., deceased, against Levystein Bros., and avers the following facts : That about the 28th of April, 1894, Levystein Bros, obtained a judgment against the said Archie O’Brien, Jr., in a justice of the peace court of Montgomery county, upon which an execution was duly issued and levied upon the interest of said Archie in certain real estate in the city of Montgomery, and on motion of…
1Opinion of the Court
■ McCLELLAN, J.
— Inaction against infants, service of-summons must be had upon the defendant, as upon defendants who are sui juris; and such service is as efficacious in the former as in the latter case to give the court jurisdiction of the cause. Having thus acquired jurisdiction of the person of an infant defendant, it is the court’s duty to appoint a guardian ad litem to make defense for him ; but a *355failure to discharge this duty does not oust the court’s jurisdiction, which has already attached; but, to the contrary, if the case proceeds to judgment against the infant without such…
2Cases cited6 opinions
- Collier v. FalkSupreme Court of Alabama · 1880
- Walker v. ClaySupreme Court of Alabama · 1852
- Joyce v. McAvoyCalifornia Supreme Court · 1866
- Preston v. DunnSupreme Court of Alabama · 1854
- Daily's Adm'r v. ReidSupreme Court of Alabama · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Jones v. HendersonSupreme Court of Alabama · 1934
- Hamilton v. TolleySupreme Court of Alabama · 1923
- Fletcher v. First Nat. Bank of OpelikaSupreme Court of Alabama · 1943
- Conway v. ClarkSupreme Court of Alabama · 1912
- Garner v. Empire Land Co.Supreme Court of Alabama · 1928
10 more not listed; retrieve them via the Exa API.