A. G. Story Mercantile Co. v. McClellan
Supreme Court of Alabama
Appeal from Talladega City Court. Heard before I-Ion. G-. K. Miller. The facts leading up to- the rendition of the judgment, the waiver and the judgment entered are fully set out in the opinion of the court.
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Appeal from Talladega City Court. Heard before I-Ion. G-. K. Miller. The facts leading up to- the rendition of the judgment, the waiver and the judgment entered are fully set out in the opinion of the court. The judgment against McClenlan was rendered on the 7th day of -May, 1904, and on the 27th day of June, 1904, he filed a motion in the city court of Talladega, asking that the court correct the judgment rendered on 7th day of May by striking out of such judgment entry the words “waiver of homestead exemptions” or the words “real property,” and to correct the said judgment entry on the…
1Opinion of the CourtDenson, J.
The A. G. Story Mercantile Company sued Henry McClellan in the city court of Talladega on a promissory note, and obtained judgment by default against him on the 7th day of May, 1904. The summons *635and complaint were issued on the 1st day of April, 1904, and were executed on the 2d day of April, 1904, by the sheriff leaving a copy with the defendant. The original complaint contained no averment of a waiver of exemptions either as to personal property or the homestead. On the day the judgment was rendered, and before it was rendered, by leave of the court the complaint was amended. The amendment…
2Cases cited15 opinions
- Pettus v. McClannahanSupreme Court of Alabama · 1875
- Goetter, Weil & Co. v. PickettSupreme Court of Alabama · 1878
- Whorley v. Memphis & Charleston RailroadSupreme Court of Alabama · 1882
- Taylor & Co. v. CockrellSupreme Court of Alabama · 1885
- Ex parte PayneSupreme Court of Alabama · 1900
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Tombrello Coal Co. v. FortenberrySupreme Court of Alabama · 1947
- Hurt v. KnoxSupreme Court of Alabama · 1930
- Broadway v. Household Fin. Corp. of HuntsvilleCourt of Civil Appeals of Alabama · 1977
- Lewis v. StateAlabama Court of Appeals · 1913
- Ex Parte SharpSupreme Court of Alabama · 1953
6 more not listed; retrieve them via the Exa API.