Ayres v. Hill, Hardy & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Randolph. Tried before the Hon. H. C. Speaks. This action was brought by Hill, Hardy & Co., suing as partners, against Wilson L. Ayers, who was the sheriff of the county, to recover damages for the defendant’s alleged wrongful act in seizng and selling, under execution against one W. F. Scott, a part of the crop raised by him during the year 1884, on which the plaintiffs claimed a statutory lien for advances, whereby their statutory lien was…
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Appeal from the Circuit Court of Randolph. Tried before the Hon. H. C. Speaks. This action was brought by Hill, Hardy & Co., suing as partners, against Wilson L. Ayers, who was the sheriff of the county, to recover damages for the defendant’s alleged wrongful act in seizng and selling, under execution against one W. F. Scott, a part of the crop raised by him during the year 1884, on which the plaintiffs claimed a statutory lien for advances, whereby their statutory lien was lost and destroyed. The summons was directed to “any sheriff of the State of Alabama.” Service was acknowledged by the…
1Opinion of the CourtSomeryille, J.
— The plea in abatement filed by the defendant was properly overruled. Whatever irregularity there may have been in the form of the summons, this was waived by the defendant’s written acknowledgment of service, and waiver of.notice and of a copy of the summons and complaint.
Affirmed.
2Cited by1 opinion
- Ward v. ManlySupreme Court of Alabama · 1896