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89 Ala. 406

Thrower v. Brandon

Supreme Court of Alabama

Decided November 15, 1889

Supreme Court of Alabama · decided 1889-11-15

Tried before the Hon. Jesse M. Carmichael. This- action was brought by W. N. Brandon and Mattie Brandon, against Andrew Thrower, and was commenced on the 21st December, ■ 1888. The summons was returned “executed this 24th December, 1888¡” The January term of the court, 1889, commenced on the 14th day of the month; and on the 16th day of January a judgment by nil (licit was entered against the defendant.

Relies on Garner v. Johnson

Good law ✅— No negative treatment on recordhow we know

Decided 1889-11-15

How this case has been cited

Cited by 4 later decisions — most recently June 1952

4 state decisions

2018891890190019101920193019401950decided

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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MoCLELLAN, J.

¶1There is nothing in the objection relied on to operate a reversal of the judgment in this case. In determining whether service of summons has been perfected twenty days previous to the return term, the first day of the term is the last day of the period limited, and if by including this day, as required by section 1! of the Code, twenty days have elapsed after the day of service, the case stands for trial at that term. Such has been, we believe, the universal understanding and practice of the bar and nisi prius courts, and is, we do not doubt, the sound construction of section 2731 of the Code. — Garner & Neville v. Johnson, 22 Ala. 494, 501.

¶2The judgment of the Circuit Court is affirmed.

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