Cleveland v. Pollard
Supreme Court of Alabama
ATPEAL.from-,th‘e Chancery Court m>£,.Bussell. Heard before t[ie,Hon.. James B., Clark. Tf-iE bill in this..;case was filedby’,-Charlas T. Pollard, Samuel Gr. Jones, and Wm.
Read the full summary
ATPEAL.from-,th‘e Chancery Court m>£,.Bussell. Heard before t[ie,Hon.. James B., Clark. Tf-iE bill in this..;case was filedby’,-Charlas T. Pollard, Samuel Gr. Jones, and Wm. C. Yonge, as partners and joint Owners of the Chewacla xáme Works,” against ‘Mrs. ¡Elizabeth E. Cleveland, Charles'T. Cleveland, her husband,' and William C. Yonge, her trustee ; and «sought to subject ¡Mrs.¡jj Cleveland’s separate estate, held under the will of -her deceased father, to the paymenfcof a debrieontractedhy her 'with the complainants. It alleged, that the complainants had furnished lumber, lime, and «other…
1Opinion of the CourtStone, J.
The point madb on the sufficiency of the service on Mr. Cleveland, must,-we think, be overruled. We do not doubt that the true party was served with subpoena ; and hence we disregard that portion of the sheriff’s return, which affirms that “ Charles T. Cleveland [was] not found.” The variance is, at-most, a misdescription of the initial letter of Mr. Cleveland’s middle name. Under the principles ruled in Edmundson v. The State, (17 Ala. 180,) such misdescription is immaterial. — See Lynes v. State, 5 Por. 236.
The view we take of a question after considered, renders it unnecessary that we…
2Cases cited2 opinions
- Puzey v. SenierWisconsin Supreme Court · 1859
- Thompson v. LeeSupreme Court of Alabama · 1857
3Cited by2 opinions
- Noble's Adm'r v. Moses Bros.Supreme Court of Alabama · 1886
- Moore v. MooreCourt of Civil Appeals of Alabama · 1982