Redstone Land & Development Co. v. Boatwright

I think the trial judge was eminently correct in overruling the plea in abatement grounded on a prior action pending. The Alabama doctrine of ignoring a subsequent dismissal of the first suit has no application here.

By virtue of a special appearance and a plea in abatement for misnomer without amendment of the complaint and summons and service of process, the circuit court had no jurisdiction of the defendant in the first suit.1 Or, put another way, until the plaintiff accepted the “better writ,” the defendant was estopped from asserting that it was a party to the first suit. Corporate names…