Dougherty v. Colquitt
Supreme Court of Alabama
The defendant in error caused to be issued an attachment returnable into the Circuit Court of Chambers, against the estate of the plaintiff, upon an affidavit of his non-residence. The plaintiff in error pleaded the pendency of another action for the same cause. And a judgment was rendered in favor of the plaintiff by default for the amount of the note declared on, with interest, without noticing the plea.
Read the full summary
The defendant in error caused to be issued an attachment returnable into the Circuit Court of Chambers, against the estate of the plaintiff, upon an affidavit of his non-residence. The plaintiff in error pleaded the pendency of another action for the same cause. And a judgment was rendered in favor of the plaintiff by default for the amount of the note declared on, with interest, without noticing the plea. To revise the judgment of the Circuit Court, the defendant below has prosecuted a writ of error to this Court; and now assigns for error, the rendition of a judgment by default, without…
1Opinion of the CourtCollier, C. J.
— The earlier decisions of this Court considered an exception, such as that now taken, as fatal to the judgment. But the law here, as well as in other Courts, has, in accordance with the spirit of the times, been greatly relaxed, so that objections which are merely technical, and cannot advance the ends of justice, receive comparatively little favor. In McCollom & Capel vs. Hogan, ex’r., &c., 1 Ala. Rep. N. S. 515, there were several pleas found in the record; yet the Circuit Court, in its judgment recites that, “ the plaintiff came by his attorney, and the defendants say nothing in bar or…
2Cited by16 opinions
- Foster v. StateSupreme Court of Alabama · 1864
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- American National Bank & Trust Co. of Mobile v. LongSupreme Court of Alabama · 1968
- Hutchison & Wilson v. PowellSupreme Court of Alabama · 1890
- McCoy v. Harrell, Nichols & Co.Supreme Court of Alabama · 1866
11 more not listed; retrieve them via the Exa API.