Parker v. Parker

Decided January 15, 1864

Supreme Court of Alabama · decided 1864-01-15

The record does not show the name of the presiding judge. Tms action was brought by King Parker, against E. B. Parker and John H. McCall. Judgment by default was rendered against both of the defendants, though E. R. Parker only was served with process. The appeal is sued out by both of the defendauts, and errors are assigned by them jointly.

Cited by 2 later decisions — most recently January 1947

2 state decisions

Relies on Faver v. Briggs · Driver v. Spence

Good law ✅— No negative treatment on recordhow we know

Decided 1864-01-15

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A. ~F. WALKER, 0. ~L-

¶1This is a suit against two defendants. The su~mmons anct complaint were served on one, and returned not found as to the other. There was no discontinuance as to the party not served. Judgment by defai± was rendered against both. In rendering the judgment by default against the two defendants, upon one whom there was no service, the court erred.-Smith & Howell v. Winthrop, Minor, 425; Driver & Shelley v. Spence, 3 Ala. 98; Norwood & Chambers v. Riddle, 9 Porter, 425; Faver & Mount v. Briggs, 18 Ala. 478.

¶2Reversed and remanded.