Thomasson v. Groce
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before Hon. John Henderson. This action was brought by appellate against appellant, (and Savery, as to whom the suit was abated,) was commenced on the 5th day of October, 1866, and was founded on a promissory note made by the defendant, payable to the plaintiff. The facts necessary to understand the question of law decided in the case, will sufficiently appear from the opinion of the court.
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Appeal from the Circuit Court of Talladega. Tried before Hon. John Henderson. This action was brought by appellate against appellant, (and Savery, as to whom the suit was abated,) was commenced on the 5th day of October, 1866, and was founded on a promissory note made by the defendant, payable to the plaintiff. The facts necessary to understand the question of law decided in the case, will sufficiently appear from the opinion of the court. The court below charged the jury, “that under the evidence, they must find for the plaintiff the amount of the principal of said note, with interest from…
1Opinion of the CourtJudge, J.
The court below did not err in permitting a copy of the summons, and complaint, to be substituted in lieu of the original, which had been lost. Previous notice of the motion to substitute was not necessary, as from the time the original process in a cause is served, until the *432final judgment, the parties are presumed to be in court, and need no further notice of the orders there taken in the cause. — Broxon vs. Broxon, 23 Ala. 684; Code, § 2268. See? also, Wilkerson vs. Branham, 5 Ala. 608. But in this case the appellant appeared and resisted the motion, and necessarily had notice of it.
We are…
2Cases cited3 opinions
- Yonge v. BroxsonSupreme Court of Alabama · 1853
- Wilkerson v. BranhamSupreme Court of Alabama · 1843
- Williams v. ShackelfordSupreme Court of Alabama · 1849
3Cited by4 opinions
- Skillern v. BakerSupreme Court of Arkansas · 1907
- Hopkins v. RailroadTennessee Supreme Court · 1896
- Mobile & Montgomery Railroad v. SmithSupreme Court of Alabama · 1874
- Vincennes Steel Corp. v. DerryberrySupreme Court of Arkansas · 1937