Hair v. Moody
Supreme Court of Alabama
Writ of Error to the County Court of Sumter. The writ in this suit was sued out by Moody, returnable to the February term of the County Court, and the pleadings -are entitled of that term, though the replication was not filed until February, 1841. At the next term, in July, the cause was continued, on the 16th of that month, but after-wards, on the 21st, the suit was dismissed, at the instance of the defendant, because no replication was filed to his second plea.
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Writ of Error to the County Court of Sumter. The writ in this suit was sued out by Moody, returnable to the February term of the County Court, and the pleadings -are entitled of that term, though the replication was not filed until February, 1841. At the next term, in July, the cause was continued, on the 16th of that month, but after-wards, on the 21st, the suit was dismissed, at the instance of the defendant, because no replication was filed to his second plea. At the next term, in February, 1842, the dismissal, or nonsuit was set aside, at the instance of the plaintiff, and against the…
1Opinion of the CourtGoldthwaite, J.
1. There is no question with us as to the irregularity alike of the judgment of non pros, and of ’the order setting it aside. It seems the cause had been continued, at a period previous to the time when the nonsuit was asked, and consequently it was irregular then to grant the motion, however sufficient the reason for doing so, as the plaintiff was discharged from the court for that term. [Innerity v. Frowner, 2 Ala. R. 150.] The proper course for the plaintiff, under this condition of the suit, was to move some supervisory court for the necessary process to set aside or vacate the irregular…
2Cited by21 opinions
- Torrey v. ForbesSupreme Court of Alabama · 1891
- Curry v. WoodwardSupreme Court of Alabama · 1875
- Walker v. CuthbertSupreme Court of Alabama · 1846
- Byrd v. McDanielSupreme Court of Alabama · 1855
- Ex Parte ACK Radio Supply Company of GeorgiaSupreme Court of Alabama · 1969
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