Norwood v. Riddle
Supreme Court of Alabama
THIS case comes here by Writ of error from the county court of Jackson. The defendant in error, caused to be issued a petition and summons against the plaintiffs in error, returnable to the county court of Jackson; which was executed on Chambers by the Coroner of that county, and on which was the following endorsement: “ I acknowledge the service of the within writ. Feb. the 6th, 1S38. Henry Norwood.”
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THIS case comes here by Writ of error from the county court of Jackson. The defendant in error, caused to be issued a petition and summons against the plaintiffs in error, returnable to the county court of Jackson; which was executed on Chambers by the Coroner of that county, and on which was the following endorsement: “ I acknowledge the service of the within writ. Feb. the 6th, 1S38. Henry Norwood.” The entry of judgment commences as follows: “Came the plaintiff by his attorney, and upon the affidavit of Moses Jones, to the hand writing of the signature of Henry Norwood, to the…
1Opinion of the CourtCollier, C. J.
— The endorsement on the process, purporting to be an acknowledgment of service on Norwood, is certainly not sufficient proof of that fact: but when it is shown that the acknowledgment is subscribed with the name of Norwood, in his own hand-writing, the evidence is satisfactory to show, that the act was his own.
It is, however, objected, that the court cannot know that the affidavit of Moses Jones, was regularly made; that it may have been taken out of court before-a justice of the peace, or other officer. This objection may be well founded in point of fact, but the inference is unauthorised,…
2Cited by6 opinions
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