Rhodes v. McFarland
Supreme Court of Alabama
Appeal from the Circuit Court of Lauderdale. Tried before the Hon. W. B. Wood. Assumpsit by the appellee, McFarland, as administrator of Josiah Darby, deceased, against Spencer Rhodes, as administrator of Henry J. Darby, deceased, on two promissory notes made by defendant’s intestate.
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Appeal from the Circuit Court of Lauderdale. Tried before the Hon. W. B. Wood. Assumpsit by the appellee, McFarland, as administrator of Josiah Darby, deceased, against Spencer Rhodes, as administrator of Henry J. Darby, deceased, on two promissory notes made by defendant’s intestate. Service was duly executed on defendant, February 25th, 1867. Pleas, “ in short, by consent” — 1. Payment; 2. Want of consideration ; 3. Failure of consideration ; 4. Confederate consideration ; 5. A special plea in bar, which it is not necessary to set out; judgment by default against defendant, the court below…
1Opinion of the CourtB. E. Safeold, J.
The question, presented by the bill of exceptions, is, whether a judgment by default can be rendered, when the defendant has appeared, by leave of the court, and filed his pleas, though not in the proper time. The law prescribes the time within which pleas shall be filed, but it is within the province of the court,- by rules of practice, to direct in what manner the omission to do so may be taken advantage of, or cured, so as to subserve the ends of justice.
The ninth rule of practice in the circuit court provides that “ defaults may be entered on the docket in vacation, which shall relate to…
2Cases cited1 opinion
- Woosley v. Memphis & Charleston RailroadSupreme Court of Alabama · 1856
3Cited by7 opinions
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- Atlantic Glass Co. v. PaulkSupreme Court of Alabama · 1887
- Bertagnolli Bros. v. BertagnolliWyoming Supreme Court · 1915
- Ex Parte AndersonSupreme Court of Alabama · 1941
- Wagnon v. TurnerSupreme Court of Alabama · 1882
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