Williams v. Lewis

Decided July 15, 1829

Supreme Court of Alabama · decided 1829-07-15

The facts as shewn by the record in this cause are as follows: A writ of capias ad respondendum, in debt, was sued out by Henderson Levyis, against Benjamin M. Williams, Mary M. Mitchell and Charles M. Mitchell, returnable to the fall term, 1823, of Franklin Circuit Court. The sheriff returned that it was executed on Benjamin and Mary Mitchell, and that Charles Mitchell was not to be found. The plaintiff declared against the three defendants, as if in custody.

Good law ✅— No negative treatment on recordhow we know

Decided 1829-07-15

How this case has been cited

Cited by 4 later decisions — most recently December 1884

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By CHIEF JUSTICE LIPSCOMB.

¶1The names of the particular defendants who waived their plea are'not given, nor is the plea itself set out. If there had been a general appearance for all the defendants, they would have been estopped from saying the writ had not been executed. It would be presuming too much, to say that this record shewed that Charles L. Mitchell had appeared by his attorney; there were two defendants in Court, and the record may be strictly true without his appearance, by himself or attorney. The judgment was improperly rendered against Charles Mitchell, and it is also erroneous as to the others; there being no discontinuance entered as to the defendant not served with process.

¶2Judgment reversed and cause remanded.