Gilbert v. Lane
Supreme Court of Alabama
QUESTION IN THIS CASE. Discontinuance as to parties, not served with process. This was a suit, by summons and petition in Morgan County Court; and was brought by Lane, in that Court, to réeover of the plaintiffs in error, the amount due on a bond.
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QUESTION IN THIS CASE. Discontinuance as to parties, not served with process. This was a suit, by summons and petition in Morgan County Court; and was brought by Lane, in that Court, to réeover of the plaintiffs in error, the amount due on a bond. The process seemed, by the returns, to have been' executed, on part only of the defendants; but the minutes showed the general entry, that all had appeared by counsel: and, that a judgment, under that appearance, had'-been entered for the plaintiff. A writ of error was taken on this judgment; and it was insisted, that it was erroneous, because no…
1Opinion of the CourtHopkins, J.
This is a petition and summons, at the suit of Lane, upon a bond' for the payment of money, against all the plaintiffs in error.-
The summons was executed upon one of them, by the sheriff, served on another, by C. Whitney, who makes his return of the fact, not in the name of the *268sheriff, but in his own name, as deputy sheriff; and, without stating .who the sheriff was. His return shows, also, that the other obligor was not found.— Without a discontinuance against-either of the defendants in the petition, a judgment was rendered, at the first trial term, against them all.
At the last term of…
2Cited by6 opinions
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- Lampley v. BeaversSupreme Court of Alabama · 1854
- State ex rel. Waring v. Mayor of MobileSupreme Court of Alabama · 1854
- Wheeler v. BullardSupreme Court of Alabama · 1838
- Eaton v. P. W. & T. R. HarrisSupreme Court of Alabama · 1868
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