Christian & Craft Co. v. Coleman
Supreme Court of Alabama
Appeal from tlie Circuit Court of Mobile. Tried before tlie Hon. William S. Anderson. This action is brought by the .appellee, John Coleman, against the Christian & Craft Company; and counts upon a certain judgment which was rendered in favor of the plaintiff against the defendant in the Supreme Court of British Honduras, the complaint averring that said judgment was rendered in a suit which was brought against the present plaintiff by the present defendant suing as “The…
Read the full summary
Appeal from tlie Circuit Court of Mobile. Tried before tlie Hon. William S. Anderson. This action is brought by the .appellee, John Coleman, against the Christian & Craft Company; and counts upon a certain judgment which was rendered in favor of the plaintiff against the defendant in the Supreme Court of British Honduras, the complaint averring that said judgment was rendered in a suit which was brought against the present plaintiff by the present defendant suing as “The Christian & Craft Grocery Company,” which was the defendant’s corporate name at said time. To this complaint, the defendant…
1Opinion of the CourtMcCLELLAN, C. J.
We are of opinion that the record. of the Supreme Court of British Honduras put in evidence below shows that that court had jurisdiction of Christian-Craft Grocery Co. for the purpose of a valid judgment by default against that company on the plea of set-off or counter-claim interposed by Coleman, the defendant in that action. On general principles of pleading and jurisdiction, the interposition of a plea'of set-off is not the institution of a new action in the sense that formal notice of it must !be served on the plaintiff, but is a mere mode of defense of which the filing is notice to him…
2Cases cited4 opinions
- Stevenson v. MoodySupreme Court of Alabama · 1887
- Heebner v. ShepardNorth Dakota Supreme Court · 1895
- Aston v. WallaceIndiana Supreme Court · 1873
- Willingham v. StateSupreme Court of Alabama · 1893
3Cited by2 opinions
- Lacey v. StateAlabama Court of Appeals · 1915
- Cleveland v. ClevelandSupreme Court of Alabama · 1955