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1 Minor 425

Smith v. Winthrop

Supreme Court of Alabama

Decided July 1, 1826

Supreme Court of Alabama · decided 1826-07-01

Decided 1826-07-01

JUDGE White

¶1delivered the opinion of the Court.

¶2In this case the writ issued against both, defendants* and was executed on but one. No discontinuance as to“the other Was entered in any part of the Record, but a judgment by default was taken against both. The judgment and pro-eeedings must be reversed back to the writ, and the cause be remanded.

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