Supreme Court of Alabama, 1864

Parker v. Parker

Parker v. Parker
Supreme Court of Alabama · Decided January 15, 1864 · Walker
39 Ala. 347
Parker v. Parker

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

A. ~F. WALKER, 0. ~L-

This is a suit against two defendants. The su~mmons anct complaint were served on one, and returned not found as to the other. There was no discontinuance as to the party not served. Judgment by defai± was rendered against both. In rendering the judgment by default against the two defendants, upon one whom there was no service, the court erred.-Smith & Howell v. Winthrop, Minor, 425; Driver & Shelley v. Spence, 3 Ala. 98; Norwood & Chambers v. Riddle, 9 Porter, 425; Faver & Mount v. Briggs, 18 Ala. 478.

Reversed and remanded.

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