Bolling v. Speller
Supreme Court of Alabama
Aiweal from the Chancery Court of Dale. Heard before the Hon. John A. Eostbb. The bill in this case was filed October 13, 1890, by Mary E. Speller against R. E. Bolling & Son, and sought relief against a judgment rendered in 1888 in the Circuit Court of Dale county in favor of R. E. Bolling & Son against the complainant and her husband, J. A. Speller, “as the partnership of J. A. Speller & Co., and also as individuals composing said partnership.”
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Aiweal from the Chancery Court of Dale. Heard before the Hon. John A. Eostbb. The bill in this case was filed October 13, 1890, by Mary E. Speller against R. E. Bolling & Son, and sought relief against a judgment rendered in 1888 in the Circuit Court of Dale county in favor of R. E. Bolling & Son against the complainant and her husband, J. A. Speller, “as the partnership of J. A. Speller & Co., and also as individuals composing said partnership.” The bill alleged that executions had been regularly issued upon said judgment, and that a certificate of the clerk of the Circub Court showing the…
1Opinion of the CourtWalker, J.
A party against whom a judgment at law has been rendered in a cause in which the service of process,giving jurisdiction of his person, appears on its face to be regular, may obtain relief against it in equity, by averring and proving that, in fact, he was not notified or the proceedings, and that he had a good and meritorious defense to the action.- — Dunklin v. Wilson, 64 Ala. 162.
*271The counsel for the appellants does not contend in argument that the presumption in favor of the truth of the sheriff’s return, showing service upon the appellee of the summons and complaint in the action at law,…
2Cases cited6 opinions
- Dunklin v. WilsonSupreme Court of Alabama · 1879
- Dollins & Adams v. Pollock & Co.Supreme Court of Alabama · 1889
- Catlin, Peeples & Co. v. GildersSupreme Court of Alabama · 1842
- Collins & Co. v. Hyslop & SonSupreme Court of Alabama · 1847
- Owings v. BinfordSupreme Court of Alabama · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Griffin v. ProctorSupreme Court of Alabama · 1943
- Boust v. Superior CourtCalifornia Supreme Court · 1912
- Fletcher v. RileySupreme Court of Alabama · 1910
- Weinstein v. Citizens BankAlabama Court of Appeals · 1915
- Olson v. VeazieWashington Supreme Court · 1894
7 more not listed; retrieve them via the Exa API.