Parsons Lumber Co. v. West-Steagall G. & M. Co.
Supreme Court of Alabama
Appeal from Chilton Circuit Court. Heard before Hon. W. W. Pearson. Assumpsit by the West-Steagall Grain & Milling Company against the Parsons Lumber Company. Judgment by default was entered and from this judgment defendant appeals.
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Appeal from Chilton Circuit Court. Heard before Hon. W. W. Pearson. Assumpsit by the West-Steagall Grain & Milling Company against the Parsons Lumber Company. Judgment by default was entered and from this judgment defendant appeals. The court erred in the rendering of the judgment, in this case, as it fails to show or state that any of the requirements of sec. 3971, Code 1907, were complied with. — Grier et al. v. Liipfert 8. Go., 47 South. '307. Presumptions on appeal will be indulged as to the regularity of judgments. — 3 Cyc. 300, 308, 310 and 322.
1Opinion of the CourtSimpson, J.
The suit in this case, by the appellee against the appellant, is on an open account, and at the foot of the complaint is the statement: “This suit is based upon an itemized sworn statement of account.” Judgment by' default was taken, and the amount ascertained by the court without a Avrit of inquiry; the judgment entry stating that “plaintiff have and recover of the defendant, upon a verified account, the sum of $253.20.”
We have held that under this statute, in a case wherein it was stated, at the , end of the complaint, “The account is verified by affidavit,” and in Avhich the judgment entry…
2Cases cited1 opinion
- Greer & Walker v. Liipfert-Scales Co.Supreme Court of Alabama · 1908
3Cited by6 opinions
- Florida Nursery & Trading Co. v. WatsonSupreme Court of Alabama · 1917
- Black v. Williamson & YoungAlabama Court of Appeals · 1917
- Garnett v. ScottSupreme Court of Alabama · 1922
- Drinkard v. Premier Refining Co.Alabama Court of Appeals · 1921
- Frazier v. DismukeAlabama Court of Appeals · 1928
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