Legal Opinion

Seymour v. Day

Supreme Court of Alabama

Decided December 22, 1921No. 1 Div. 178PublishedCited by 2 opinions

Appeal from Circuit Court, Mobile County; Claud A. Grayson, Judge. Action by Milton M. Day against Edwin Seymour and another, as individuals and copartners, for damages for injury to his minor child. Judgment for plaintiff, and defendants appeal. There was no -complaint, and heneé nothing to support the judgment, as is apparent from an examination of 'the record. Counsel also-cite authorities to show that the judgment is void because of failure to serve the other defendant.

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Appeal from Circuit Court, Mobile County; Claud A. Grayson, Judge. Action by Milton M. Day against Edwin Seymour and another, as individuals and copartners, for damages for injury to his minor child. Judgment for plaintiff, and defendants appeal. There was no -complaint, and heneé nothing to support the judgment, as is apparent from an examination of 'the record. Counsel also-cite authorities to show that the judgment is void because of failure to serve the other defendant. Brief of counsel did not reach the Reporter.

1Opinion of the CourtGardner, J.

Appellant Seymour was a party defendant to a suit for damages brought by appellee against said Seymour and one Jones, as individuals and partners under the firm name of Mobile Barrel & Box Factory. There was judgment against the defendants. Jones was not served and did not appear.

Counsel for appellant insist upon two grounds for reversal — the first being that the record discloses from the judgment entry that demurrer interposed was sustained to the complaint, and no amendment thereof filed or offered, and therefore shows no complaint in the cause to support the judgment which should have…

2Cases cited2 opinions

  1. Slade v. StreetSupreme Court of Alabama · 1884
  2. Henry v. MilnerSupreme Court of Alabama · 1920

3Cited by2 opinions

  1. Box v. Metropolitan Life Ins. Co.Supreme Court of Alabama · 1934
  2. Jefferson Life Casualty Company v. BevillSupreme Court of Alabama · 1956

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