Vestavia Country Club v. Armstrong

SIMPSON, Justice.

The bill of complaint was originally filed in this case on October 22, 1957. It averred that respondent had filed an ejectment action against complainant on October 5, 1956; that the sheriff made a return showing execution of the summons and complaint on complainant on October 15, 1956; that on January 9, 1957, complainant (there defendant) failing to appear, judgment was rendered against him by default in the following language: “Judgment by default with leave to prove damages”. The bill next averred that on May 22, 1957, the court in which the ejectment action was pending…