Allen v. Lathrop-Hatton Lumber Co.
Supreme Court of Alabama
Appeal from the City Court of Decatur. Tried before the Hon. Wm. H. Simpson. This action was brought by the appellee, suing as a partnership, against James B. Allen, Mrs. Sarah B. Allen, his wife, and Robert L. Allen,, as late partners doing business under the firm name of the Southern Lumber Company; and was founded on the defendants’ promissory note for $155.35, dated August 36th, 1888, and payable to plaintiff sixty days after date.
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Appeal from the City Court of Decatur. Tried before the Hon. Wm. H. Simpson. This action was brought by the appellee, suing as a partnership, against James B. Allen, Mrs. Sarah B. Allen, his wife, and Robert L. Allen,, as late partners doing business under the firm name of the Southern Lumber Company; and was founded on the defendants’ promissory note for $155.35, dated August 36th, 1888, and payable to plaintiff sixty days after date. The action was commenced on the 2d April, 1889, and service was perfected on the defendants on the 9th April. R. L. Allen made no defense. James B. Allen…
1Opinion of the CourtOlopton, J.
The assignments of error relate to the propriety of the judgment by default rendered against appellants,, and to overruling their motion to set it aside. The judgment was entered under the provisions of the statutes providing for and regulating the examination of parties by interrogatories. The statutes provide, that either party to a civil suit, his agent or attorney, desiring the testimony of the other party, may file with the clerk interrogatories to be propounded to him, with an affidavit that the answers thereto will be material testimony for him in the cause; the party to whom they are…
2Cases cited3 opinions
- Goodwin ex rel. Hale v. HarrisonSupreme Court of Alabama · 1844
- Alston v. GravesSupreme Court of Alabama · 1844
- Young v. Adm'rs of McLemoreSupreme Court of Alabama · 1842
3Cited by21 opinions
- Ex parte DoakSupreme Court of Alabama · 1914
- Liverpool London Globe Ins. Co. v. LoweSupreme Court of Alabama · 1922
- Ex Parte GaySupreme Court of Alabama · 1924
- Ex parte ParkerSupreme Court of Alabama · 1911
- Drennen Motor Co. v. PatrickSupreme Court of Alabama · 1932
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