Seaboard Air Line Ry. v. Hubbard
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile- Tried before the I-Ion. Wm. S. Anderson. Asbel Hubbard, a resident of Mobile, instituted a suit against the defendant in the circuit court of Mobile county, Alabama, on the 26th day of September, 1902, by having a summons issued by the clerk on said last named date. This summons was never served, for the reason that there was no person in Mobile county upon whom it could be served.
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Appeal from the Circuit Court of Mobile- Tried before the I-Ion. Wm. S. Anderson. Asbel Hubbard, a resident of Mobile, instituted a suit against the defendant in the circuit court of Mobile county, Alabama, on the 26th day of September, 1902, by having a summons issued by the clerk on said last named date. This summons was never served, for the reason that there was no person in Mobile county upon whom it could be served. Subsequently, on the 27th day of September*, 1902, the plaintiff made an affidavit for attachment upon the ground that the defendant was a non-resident, and writ of…
1Opinion of the CourtDowdell, J.
The first three assignments of error are directed to rulings of the lower court on motions to quash the writ of attachment, its service, etc. Such rulings are subject to review on appeal only when duly presented by bill of exceptions. — Logan v. Adams Machine Co., 135 Ala. 475, and authorities there cited. The bill of exceptions in the present case fails to set out the motions and the rulings thereon, and the fact that exceptions were reserved to such rulings. It is wholly silent as to- these matters.
The suit was commenced by summons and complaint. The claim of damages is based upon an…
2Cases cited1 opinion
- Logan v. Adams Machine Co.Supreme Court of Alabama · 1902
3Cited by8 opinions
- Williams v. StateSupreme Court of Florida · 1909
- Smith v. StateAlabama Court of Appeals · 1915
- Provident Life Accident Ins. Co. v. PriestSupreme Court of Alabama · 1925
- Daniel v. Siegel-Cooper Co.Supreme Court of Florida · 1907
- Lane v. Housing Authority of City of ElbaSupreme Court of Alabama · 1959
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