Williamson v. Howell
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. The general law requires that parties shall be sued in the counties of their residence. This is our general policy. The special act relates to actions ex contractu — necessity required that act in such cases, because on joint contracts, separate actions could not be sustained. The construction must be given in view of what the evil was, which sought to be remedied.
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Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. The general law requires that parties shall be sued in the counties of their residence. This is our general policy. The special act relates to actions ex contractu — necessity required that act in such cases, because on joint contracts, separate actions could not be sustained. The construction must be given in view of what the evil was, which sought to be remedied. If branch writs are allowed in torts, the door is opened to the greatest abuse and fraud on the jurisdiction of the courts. The names of parties will be…
1Opinion of the CourtParsons, J.
But one of the assignments of error is now insisted on. The action was brought in the Circuit Court of Mobile county, against Joseph Arrington and Benjamin Williamson. It is an action of trover, brought to recover damages for the conversion of a negro belonging to the plaintiffs by the de*831fendants below jointly. It appears by the writ that Arrington resided in Mobile county, and that a branch writ was sent to be served on Williamson in Wilcox county, both of the writs being for one and the same cause of action and so endorsed. Williamson moved the Circuit Court to quash the writ, because that…
2Cases cited1 opinion
- Deforest v. ElkinsSupreme Court of Alabama · 1841
3Cited by1 opinion
- Carolina Casualty Insurance Company v. TisdaleCourt of Civil Appeals of Alabama · 1970