Legal Opinion

Gilbert v. Lane

Supreme Court of Alabama

Decided January 15, 1836PublishedCited by 6 opinions

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

  1. McElhaney v. GillelandSupreme Court of Alabama · 1857
  2. Lampley v. BeaversSupreme Court of Alabama · 1854
  3. State ex rel. Waring v. Mayor of MobileSupreme Court of Alabama · 1854
  4. Wheeler v. BullardSupreme Court of Alabama · 1838
  5. Eaton v. P. W. & T. R. HarrisSupreme Court of Alabama · 1868

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