Read v. Coker

1 Stew. 22 (Ala. 1827)

 

RULE:

By § 12 of the act of 1807, Laws Ala. 157, no freeholder shall be sued out of the county of his permanent residence. By § 8 of an act of 1819, Laws Ala. 475, any person may be sued in the county where he may be found, if oath be made before the clerk or justice of the peace, that he has gone from the county of his residence to avoid the service of process.

FACTS:

Under §12 of the act of 1807, Laws Ala. 157, no freeholder was to be sued out of the county of his permanent residence. A justice of the peace of Dallas County gave judgment for plaintiff. Defendant appealed, arguing that at the commencement of the suit, he was a resident freeholder of Bibb County. The county court gave judgment for defendant. Plaintiff appealed. The circuit court affirmed the county court’s judgment. On plaintiff’s further appeal, the state supreme court affirmed the circuit court’s judgment.

ISSUE:

Did the act of 1807, Laws Ala. 157, which provided that no freeholder might be sued out of the county of his permanent residence, extend to suits before justices of the peace?

ANSWER:

Yes.

CONCLUSION:

Any doubt as to the application of the act of 1807, Laws Ala. 157 to proceedings of a justice of the peace was removed by § 8 of the act of 1819, Laws Ala. 475, which implied that if an oath was not so made, the person to whom the privilege had been extended by the act of 1807, Laws Ala. 157 was not to be sued out of the county of his residence. The act of 1819 applied alike to all courts and all process by which suits might be commenced.

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