Memphis & Charleston Railroad v. Brannum
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speake. 1. There is nothing in the re cord to show that the Memphis & Charleston Itailroad Company was ever served with notice of the suit before the justice of the peace, or that Morrow was its agent. Such service as the record shows is not sufficient to sustain a judgment by default against a corporation — Southern Express Co. o.
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Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speake. 1. There is nothing in the re cord to show that the Memphis & Charleston Itailroad Company was ever served with notice of the suit before the justice of the peace, or that Morrow was its agent. Such service as the record shows is not sufficient to sustain a judgment by default against a corporation — Southern Express Co. o. Oarroll, 42 Ala. 437; Oxford Iron Co. v. Spraclley, 42 Ala. 24; Code, § 2657, and cases cited; Black on Judgments, §§ 15, 80, 81, 83, 214, 218, 219, 224. 2. This is a case where there is a “clear…
1Opinion of the CourtThorington, J.
-This case originates from a suit commenced in tbe court of a justice of tbe peace, wherein appellee bad a summons issued to “Thomas G. Morrow, as agent of tbe Memphis & Charleston R. R.,” and tbe complaint filed lias tbe following cajition: “Jas. C. Brannum y. M. & C. R. R.” Tbe summons was endorsed, “Summons T. G. Morrow, as agent.” “Executed July, 1889.” Tbe docket of tbe justice contains tbe following entries : “July 18. Summons and subpoenas returned executed.” “July 27. Continued by defendant until Sept. 2nd, 1889.” It further shows a judgment by default entered Sept. 2nd, 1889, against…
2Cases cited3 opinions
- Alabama Great Southern R. R. v. ChristianSupreme Court of Alabama · 1886
- Southern Express Co. v. CarrollSupreme Court of Alabama · 1868
- Watson v. MaySupreme Court of Alabama · 1844
3Cited by16 opinions
- Ex parte DickensSupreme Court of Alabama · 1909
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
- Conners v. City of KnoxvilleTennessee Supreme Court · 1916
- State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
- State v. PollockSupreme Court of Alabama · 1948
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