Grigg v. Gilmer
Supreme Court of Alabama
Appeal from Circuit Court of Montgomery. Tried before Hon. Jas. Q. Smith. The appellant, Ellen R. Grigg, as administratrix of F. T. Grigg, commenced suit in June, 1873, by attachment against the appellee, Gilmer, to recover damages of the latter for the wrongful killing of her intestate.
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Appeal from Circuit Court of Montgomery. Tried before Hon. Jas. Q. Smith. The appellant, Ellen R. Grigg, as administratrix of F. T. Grigg, commenced suit in June, 1873, by attachment against the appellee, Gilmer, to recover damages of the latter for the wrongful killing of her intestate. The attachment was sued out on the ground that the defendant “has absconded,” and was levied on certain lands belonging to him, and at the December term of that year an order of publication was made. On the 28th of December, 1873, the defendant pleaded in abatement the insufficiency of the affidavit for…
1Opinion of the CourtBrickell, C. J.
An appearance is a submission to the jurisdiction of the court, in obedience, or in answer to process. Though we have a rule of practice, prescribing particularly, the mode in which the appearance shall be entered, and thereby made known to the court and to the opposing party and counsel, the rule is but seldom, if ever, observed. The entry on the margin of the dockets of the court of the • name of an attorney, opposite to the name of a party to a ■ suit, is accepted in practice as an appearance for such a party. The consequence resulting from an appearance thus made, may be limited by the…
2Cases cited11 opinions
- Stewart v. Goode & UlrickSupreme Court of Alabama · 1856
- Lampley v. BeaversSupreme Court of Alabama · 1854
- Kennedy v. YoungSupreme Court of Alabama · 1854
- Stephenson v. PrimroseSupreme Court of Alabama · 1838
- Nabors v. NaborsSupreme Court of Alabama · 1835
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Exchange National Bank v. ClementSupreme Court of Alabama · 1895
- Collier v. FalkSupreme Court of Alabama · 1880
- Ex Parte CullinanSupreme Court of Alabama · 1931
- Oliver v. KinneySupreme Court of Alabama · 1911
- Kyser v. American Surety Co.Supreme Court of Alabama · 1925
11 more not listed; retrieve them via the Exa API.