Corley v. Shropshire

Decided January 15, 1841

Supreme Court of Alabama · decided 1841-01-15

Writ of Error to the Circuit Court of Tallapoosa County. Shropshike sued out an attachment against Corley and several others, describing them as non-residents. At the return term, a judgment by default was taken, and the damages ordered to be assessed by a jury at the next term. At the next succeeding term, an order of publication was taken; but publication was to be made only in the event, it should be directed by the plaintiff.

Cited by 1 later decisions — most recently December 1888

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1841-01-15

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GOLDTHWAITE, J.

¶1— 'The object for which a publication is directed to be made, when an attachment is sued out against non-resident defendants, is to give notice of the pendency of the suit; and it stands in the place of the service of process in ordinary cases When the defendants appear voluntarily and contest the claim of the plaintiff, publication is then unnecessary, as its object is already attained.

¶2The judgment by default in this case, was certainly irregular; but this irregularity was waived, as soon as the defendants appeared, and were permitted to plead to issue.

¶3They have contested the claim of the pláintiff before a jury, and cannot now be permitted to allege, that they .were not regularly in court.

¶4The abatement of the suit as to Tarver, seems to be perfectly regular, and the suggestion was not controverted at the time.

¶5There is no error in the record, and the judgment is affirmed.