Smith v. Ross

Opinion of the Court, delivered by

Scott, Judge.

Ross and Strong brought an action of debt against Solomon Smith, on a judgment recovered in the county court of Mobile co,in the State of Alabama. On the trial of the issue taken on the plea of nul tiel record, the transcript produced in evidence, showed that John McD. Ross and Thomas Strong were plaintiffs, and that the judgment was rendered against Edwin Haniman and Solomon Smith. Haniman, it seems, was not served with process. Smith, who was served, appeared and entered several pleas. At the trial term, the record states, the parties appeared…