Herbert v. Varner

A. J. WALKER, C. J. The matter of defense set up by motion affected the validity of the service of the process, [184] and 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. Affirmed. Judge, J., not sitting.