Herbert v. Varner
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. George Goldthwaite. This action was brought by the appellee against the appellants, as makers of a promissory note, payable to the appellee, and was commenced 8th October, 1862. Upon the summons and complaint was endorsed the following: “ I accept service of the within, and wave all irregularities, October 14th, 1862. (Signed.) L. E. Lloyd.”
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. George Goldthwaite. This action was brought by the appellee against the appellants, as makers of a promissory note, payable to the appellee, and was commenced 8th October, 1862. Upon the summons and complaint was endorsed the following: “ I accept service of the within, and wave all irregularities, October 14th, 1862. (Signed.) L. E. Lloyd.” “Eeceived in office, October 10th, 1862. Executed, October 14th, 1862, by leaving copies of summons and complaint with defendants, Thos. S. Herbert, E. H. Cook, and E. H. Herbert. (Signed.)…
1Opinion of the CourtA. J. Walker, C. J.
The matter of defense set up by motion affected the validity of the service of the process, *184and the ruling of the court upon it could only be revisable here when it was pleaded in the court below. — Nabors v. Nabors, 2 Porter, 162; Roberts v. Beesan, 4 Porter, 164; Mitchell v. Allen, 2 S. & P. 247 ; Sawyer v. Price, 6 Ala. 285.
Affirmed.
Judge, J., not sitting.
2Cases cited3 opinions
- Nabors v. NaborsSupreme Court of Alabama · 1835
- Roberts v. BeesonSupreme Court of Alabama · 1836
- Sawyer v. PriceSupreme Court of Alabama · 1844