Ashby Brick Co. v. Ely & Walker Dry Goods Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by the Ely & Walker Dry Goods Company against the Ashby Brick Company and others. From a judgment for plaintiff, defendants appeal.
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Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by the Ely & Walker Dry Goods Company against the Ashby Brick Company and others. From a judgment for plaintiff, defendants appeal. The discontinuance as to defendant Oakley amounted to a discontinuance of the entire cause of action and the court should have so ordered.- — Backus v. Mickle, 45 Ala. 445; Kendal. v. Lasseter, 68 Ala. 181; Jones v. Inglchart, 78 Ala. 505. The action of the court was a continuance as to one of the two defendants who was not served with process. — Wade . v. Robinson. 1 Stew. 423;…
1Opinion of the CourtHakalson, J.
A general appearance cures defects in service of process, and obviates the necessity of service. — Winter v. Rose, 32 Ala. 449; Baker v. Pope, 49 Ala. 415; Wheeler v. Bullard, 6 Port. 352; Hobson v. Emanuel, 8 Port. 442; Owings v. Binford, 80 Ala. 423; B. F. M. v. Wilder, 85 Ala. 593, 5 South. 307.
In actions ex contractu, a discontinuance of a party served, not on account of a defense personal to him, works a discontinuance of the entire cause. — 3 May-field’s Dig. 68, § 3. ■
An appearance may be made by an attorney, and the entry on the margin of the dockets of the court, of the name of an…
2Cases cited9 opinions
- Jones v. EngelhardtSupreme Court of Alabama · 1885
- Wheeler v. BullardSupreme Court of Alabama · 1838
- Owings v. BinfordSupreme Court of Alabama · 1885
- Birmingham Flooring Mills v. Wilder & Co.Supreme Court of Alabama · 1888
- Evans Marble Co. v. McDonald & Co.Supreme Court of Alabama · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Dickson v. Alabama MacHinery & Supply Co.Alabama Court of Appeals · 1921
- Plunkett v. DendySupreme Court of Alabama · 1916
- Mitchell v. Church of Christ at Mt. OliveSupreme Court of Alabama · 1929
- Crawford v. MillsSupreme Court of Alabama · 1918
- H. C. Schrader Co. v. A. Z. Bailey Groc. Co.Alabama Court of Appeals · 1917
6 more not listed; retrieve them via the Exa API.