Southern Timber & Investment Co. v. English Manufacturing Co.
Supreme Court of Alabama
Appeal from Clarke Circuit Court. Heard before Hon. John T. Lackland. Action by the English Manufacturing Company against the Southern Timber & Investment Company. From a judgment in favor of plaintiff, defendant appeals.
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Appeal from Clarke Circuit Court. Heard before Hon. John T. Lackland. Action by the English Manufacturing Company against the Southern Timber & Investment Company. From a judgment in favor of plaintiff, defendant appeals. The facts in this case are in all respects similar to those stated in Southern Timber & Investment Company v. Poe, 153 Ala. , 45 South. 205. Notice being constructed with facts constituting compliance with the statute must be shown to and found by the court, and the record must disclose.- — Meyer & Co. v. Keith, 99 Ala. 519; Diston v. Hood, 83 Ala. 331; Dowe v. Whitmcm, 36…
1Opinion of the CourtSimpson, J.
— This was a suit by attachment by the appellee against the appellant, which is shown to be a foreign corporation. The judgment does not show any personal service on the defendant, nor any appearance; nor does it show that any jurisdiction to condemn the property attached was acquired'by publication according to the statute. The ex parte affidavit which is copied in the record cannot supply the statement of jurisdictional facts which should appear in the judgment entry. — Bitson é Sons v. Hood, 83 Ala. 331, 3 South. 746; V. & A. Meyer & Co.v. Keith, 99 Ala. 519,13 South. 500; Wilmerding v.…
2Cases cited6 opinions
- Wilmerding v. Corbin Banking Co.Supreme Court of Alabama · 1899
- Exchange National Bank v. ClementSupreme Court of Alabama · 1895
- Kress v. PorterSupreme Court of Alabama · 1902
- Diston & Sons v. HoodSupreme Court of Alabama · 1887
- Soulard v. Vacuum Oil Co.Supreme Court of Alabama · 1895
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