Neff v. Edwards
Supreme Court of Alabama
Appeal from Circuit Court of Blount. Tried before the Hon. James Aiken. This suit was brought on a promissory note in a justice’s court, by the appellee, Isaac Edwards, against the appellants, John Neff, Anna Neff, ¥m. Schielie, Jess Thornton, Louis Kirshmer, It. L. Chamblee and James P. Chamblee.
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Appeal from Circuit Court of Blount. Tried before the Hon. James Aiken. This suit was brought on a promissory note in a justice’s court, by the appellee, Isaac Edwards, against the appellants, John Neff, Anna Neff, ¥m. Schielie, Jess Thornton, Louis Kirshmer, It. L. Chamblee and James P. Chamblee. It was averred in the complaint before the justice, “that in said note and as a part thereof the defendants waived all right to claim any of' their property as exempt from levy, execution sale, or other legal process under the constitution and laws of the State of Alabama.” ^ The case was taken to…
1Opinion of the CourtSomerville, J.
— 1. The record shows a judgment by default against John Neff and Anna Neff, two of the defendants in the court below, upon whom no process had been served, and who did not appear by attorney or otherwise, in either the justice’s or the Circuit Court. This is a clerical error, which could have been corrected on motion in the Circuit Court. It will be corrected in this court without remanding the cause, at the costs of the appellants, and the judgment will be declared not to be binding on said appellants, John Neff and Anna Neff. — Ladiga Saw Mill Co. v. Smith, 78 Ala. 108; Code, 1876, § 3154.
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2Cases cited3 opinions
- Abrams v. JohnsonSupreme Court of Alabama · 1880
- Ladiga Saw-Mill Co. v. SmithSupreme Court of Alabama · 1884
- Burns v. HowardSupreme Court of Alabama · 1880
3Cited by5 opinions
- Long v. GwinSupreme Court of Alabama · 1914
- Webb v. ReynoldsSupreme Court of Alabama · 1903
- Brown, Webb & Co. v. Southern Woodenware Co.Supreme Court of Alabama · 1923
- Mount v. StewartSupreme Court of Alabama · 1888
- Richardson v. StinsonSupreme Court of Alabama · 1924