42 Ala. 182
Decided January 15, 1868
Supreme Court of Alabama · decided 1868-01-15
Tried before the Hon. George Goldthwaite. This action was brought by the appellee against the appellants, as makers of a promissory note, payable to the appellee, and was commenced 8th October, 1862. Upon the summons and complaint was endorsed the following: “ I accept service of the within, and wave all irregularities, October 14th, 1862. (Signed.) L. E. Lloyd.” “Eeceived in office, October 10th, 1862.
Relies on Sawyer v. Price
Decided 1868-01-15
¶1The matter of defense set up by motion affected the validity of the service of the process, *184and the ruling of the court upon it could only be revisable here when it was pleaded in the court below. — Nabors v. Nabors, 2 Porter, 162; Roberts v. Beesan, 4 Porter, 164; Mitchell v. Allen, 2 S. & P. 247 ; Sawyer v. Price, 6 Ala. 285.
¶2Affirmed.