Hanson v. Patterson

Citations

• 17 Ala. 738

Syllabus

<p>1. Where, after a bill has been amended, a commission issues to take the answer of' a non-resident defendant-then in default, and- the défendanfcanswers generally; without-specifying whether .ic is to'.the. original or: amended bi’,1,: or. to both, it will-be intended- that the answer, is .to. the: bill in the condition iu. which tit was at the. time the commission issued,¡ and the previous default consequently mus.t be considered as cured.</p> <p>2. Where the record fails to show, either by recitals in the decree.or other-, wise, that publication was made in the mode pointed out in the 40th Rule of Chancery Practice, a mere statement in the decree; that publication was made “in'the terms-of the law,”' is-insufficient to sustain a decree- prn conféssQ against.a non-resident.defendant.</p> <p>3.--Where:the bill alleges: that.certain- judgments, against :which it seek»;, relief, haye.been fully paid off and satisfied by. the transfer of land claims-, on a company, in, the State of Texas to the duly authorised agent of the plaintiff, and the answer, admitting the transfer, insists that the agent, was only authorised' to receive good and valid claims, and that those, transfered were not of that'character; but were fraudulent; &c., the' 'm'atter’thu'S set up. is irresponsive to the allegatiom and'must be proved.•</p> <p>4., Where:.it .does, not appear' that the merits: of the-controversy were- , passed upon, a-judgment, quashing a supersedeas, sued out to restrain an, ' execution on the ground of satisfaction,, is not conclusive up.on parties, who assert rights under the defendant in. the.judgment, anterior in point of. time to the proceedings on the supersedeas.</p> <p>5: If a non-resident defendant files his answer and submits to the juris-. dietionof the court, the complainant will not be required to execute a refunding bond.</p>