Legal Opinion

Williams v. Colle

Supreme Court of Alabama

Decided January 21, 1965No. 1 Div. 249PublishedCited by 2 opinions

1Opinion of the Court

MERRILL, Justice.

Appeal from a judgment sustaining the defendants’-appellees’ plea in abatement to plaintiff’s-appellant’s complaint for damages for personal injuries.

The' appeal comes to us on an agreed stipulation of facts which follow:

“Rebecca Williams, represented by attorney Jack Sprinkle filed an action against Madeline Ery in the Circuit Court of Mobile County, Alabama, on August 31, 1962, being case No. 8162. The complaint was never served on the Defendant but was returned marked ‘Defendant not found’. This case is still on the docket and has not been dismissed or non-suited. This…

2Cases cited5 opinions

  1. McClendon & Co. v. Hernando Phosphate Co.Supreme Court of Georgia · 1897
  2. Ex Parte DunlapSupreme Court of Alabama · 1923
  3. Penney v. SpeakeSupreme Court of Alabama · 1951
  4. Horn v. PopeSupreme Court of Alabama · 1920
  5. Kirby v. Johnson County Sayings BankCourt of Appeals of Georgia · 1913

3Cited by2 opinions

  1. HR Acquisition I Corp. v. Twin City Fire InsuranceCourt of Appeals for the Eleventh Circuit · 2008
  2. Redstone Land & Development Co. v. BoatwrightAlabama Court of Appeals · 1968

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