Supreme Court of Alabama, 1868

Herbert v. Varner

Herbert v. Varner
Supreme Court of Alabama · Decided January 15, 1868 · Walker
42 Ala. 182

Herbert v. Varner

Opinion of the Court

A. J. WALKER, C. J.

The matter of defense set up by motion affected the validity of the service of the process, *184and the ruling of the court upon it could only be revisable here when it was pleaded in the court below. — Nabors v. Nabors, 2 Porter, 162; Roberts v. Beesan, 4 Porter, 164; Mitchell v. Allen, 2 S. & P. 247 ; Sawyer v. Price, 6 Ala. 285.

Affirmed.

Judge, J., not sitting.

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