Legal Opinion

O'Neal v. Garrett

Supreme Court of Alabama

Decided January 15, 1842PublishedCited by 4 opinions

Writ of error to the Circuit Court of Lauderdale. THE defendant in error brought an action by petition and summons, on a bill single, against the plaintiff and one Henry L. Ward. The summons is endorsed as follows: “ I acknowledge service of this writ, Sept. 23, 1840. E. A. O’NEAL.” Test, Geo. W. Sneed, Clerk. The record does not show' that process was served on Ward.

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Writ of error to the Circuit Court of Lauderdale. THE defendant in error brought an action by petition and summons, on a bill single, against the plaintiff and one Henry L. Ward. The summons is endorsed as follows: “ I acknowledge service of this writ, Sept. 23, 1840. E. A. O’NEAL.” Test, Geo. W. Sneed, Clerk. The record does not show' that process was served on Ward. At the appearance term, a judgment by default, was rendered against O’Neal, without proving the acknowledgment of service by him, and without a discontinuance of the suit, as to Ward.

1Opinion of the CourtCollier, C. J.

The acknowledgment of service indorsed on the summons, did not authorise the rendition of judgment against O’Neal; but to authorise the Court to consider it as his act, should have been proved or admitted by him in Court, to be genuine. Welch adm’r v. Walker, et ux. 4 Porter’s Rep. 120; Rowan, v. Wallace, Judge &c., 7 Porter’s Rep. 171; Norwood & Chambers v. Riddle, 9 Porter’s Rep. 425.

By the act “to abolish attornies fees in certain cases,” approved, Febuary 2, 1839; it is enacted, that from and after its passage, no judgment shall be rendered in any suit at the appearance term, except by…

2Cited by4 opinions

  1. Kent v. KentSupreme Court of Alabama · 1932
  2. Wilson v. Owens' AdministratorSupreme Court of Alabama · 1871
  3. Humphreys' Adm'r v. ThompsonSupreme Court of Alabama · 1844
  4. Finney v. GilderSupreme Court of Alabama · 1882

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