Naylor v. Phillips

Decided July 15, 1830

Supreme Court of Alabama · decided 1830-07-15

This was a writ of error from the Circuit Court of Pick-ens county, sued out by P. Naylor, to reverse a decree rendered by that Court, in favor of Phillips, on a bill filed by him against Naylor. The writ of error issued the 10th of November, 1829, and was returnable to the January term, 1830, of this Court.

Cited by 1 later decisions — most recently June 1854

1 state decisions

Relies on United States v. The Schooner Sally

Good law ✅— No negative treatment on recordhow we know

Decided 1830-07-15

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By LIPSCOMB, Chief Justice.

¶1We have heretofore ruled that the want of a citation is a sufficient ground f°r dismissing a suit in this Court;a but in this case the defendant had voluntarily appeared, and procured an af-firmance on certificate, before the coming in of the record. After that affirmance has been set aside, he cannot claim any advantage- on aceountof the want of a citation.

¶2Motion overruled.

¶3Minor’s Ala. Rep. 97. 2 Cranch 406.