Gray v. Handy
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Ejectment suit, in which Carrie S. H. Handy was the plaintiff and T. J. Gray the defendant. There was a judgment for plaintiff, and from a judgment denying defendant’s motion to set aside the judgment, he appeals. No presumption is indulged in favor of the judgment of the trial court.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Ejectment suit, in which Carrie S. H. Handy was the plaintiff and T. J. Gray the defendant. There was a judgment for plaintiff, and from a judgment denying defendant’s motion to set aside the judgment, he appeals. No presumption is indulged in favor of the judgment of the trial court. Section 2846, Code 1907, as amended by Acts 1915, p. 722. Section 5372 of the Code affords a less, expensive remedy than is afforded by an equitable proceeding for the same purpose. 71 Ala. 195. The petitioner is not put to full proof of the…
1Opinion of the CourtThomas, J.
The appeal was from a judgment of the circuit court denying appellant’s petition under the four-month statute to set aside a judgment by default.
The judgment was rendered on May 31, 1919, and appellant’s petition was filed on July 23,1919. The lack of service of the original summons and complaint was averred, or the lack of notice of the pendency of said cause, and that petitioner had a meritorious defense to the action in question. On the hearing of the petition the witnesses for both sides were examined orally before the court.
[1] A question of conflict as to service of the original summons…
2Cases cited23 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Andrews v. GreySupreme Court of Alabama · 1917
- Dunklin v. WilsonSupreme Court of Alabama · 1879
- Gill v. MoreSupreme Court of Alabama · 1917
- Prudential Casualty Co. v. KerrSupreme Court of Alabama · 1918
18 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Raine v. First Western BankSupreme Court of Alabama · 1978
- McClurkin v. McClurkinSupreme Court of Alabama · 1921
- Halle v. BrooksSupreme Court of Alabama · 1923
- Christie v. DurdenSupreme Court of Alabama · 1921
- Roberts v. WettlinSupreme Court of Alabama · 1983
22 more not listed; retrieve them via the Exa API.