Security Loan Ass'n v. Weems
Supreme Court of Alabama
Appeal from Mobile City Court. Tried before lion. O. J. Sbmmes. On the 2d of April, 1880, E. R. Weems commenced suit, by summons and complaint, against B. O. James & Co., founded on an account. In the 'complaint the defendants are described as “B. O. James and B. O. James & Co.,” but the summons runs against “B. O. Neal James.”
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Appeal from Mobile City Court. Tried before lion. O. J. Sbmmes. On the 2d of April, 1880, E. R. Weems commenced suit, by summons and complaint, against B. O. James & Co., founded on an account. In the 'complaint the defendants are described as “B. O. James and B. O. James & Co.,” but the summons runs against “B. O. Neal James.” The return of the sheriff is in these words: “ Received April 3d, 1880, and on the same day I served a copy of the within complaint and summons on B. O. James, one of the firm of B. O. James & Co.” On the day the complaint was filed,,the plaintiff sued out a…
1Opinion of the CourtBrickell, C. J.
1. The judgment rendered against the defendants in the original suit is not void, though the return of the service of the summons may be so defective that on error it would avail to reverse the judgment. A garnishee can not take advantage of errors or irregularities in the judgment against the defendant, as whose debtor he is summoned. — 1 Brick. Dig. p. 182, § 405.
2. The appellant, having submitted to answer, remained before the court for the purpose of receiving its judgment. Notice of the application for the order for a further answer, and of the order itself, the regularity of judicial…
2Cases cited2 opinions
- Nabring v. Bank of MobileSupreme Court of Alabama · 1877
- Brooks v. HildrethSupreme Court of Alabama · 1853
3Cited by9 opinions
- Talladega Mercantile Co. v. McDonaldSupreme Court of Alabama · 1892
- Teague, Barnett & Co. v. LeGrandSupreme Court of Alabama · 1888
- Ely v. BlackerSupreme Court of Alabama · 1895
- Burgin v. Ivy Coal & Coke Co.Supreme Court of Alabama · 1900
- Guilford v. Reeves & Co.Supreme Court of Alabama · 1893
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