S. J. Petree & Co. v. Phillip Olim & Co.
Supreme Court of Alabama
Appeal from Circuit Court, Franklin County; C. P. Almon, Judge. Assumpsit by Phillip Olim & Co., Incorporated, against S. J. Petree & Co. and the individuals composing the firm. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, p. 449, Acts 1911. The complaint was upon an itemized and verified account, was filed October 11, 1920, and served October 14, 1920, and demanded a jury.
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Appeal from Circuit Court, Franklin County; C. P. Almon, Judge. Assumpsit by Phillip Olim & Co., Incorporated, against S. J. Petree & Co. and the individuals composing the firm. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, p. 449, Acts 1911. The complaint was upon an itemized and verified account, was filed October 11, 1920, and served October 14, 1920, and demanded a jury. On January 18,1921, the court, without the intervention of a jury, entered a judgment by default, finding the damages to be the amount claimed by the verified account,…
1Opinion of the CourtSomerville, J.
[1] The fact that the defendant in an action at law has demanded a trial by jury does not relieve him of the obligation to plead, answer, or demur ,to the complaint within 30 days from the service of process as required by the Act of September 28, 1915 (Gen. Acts 1915, p. 825), amending section 5346 of the Code. After 30 days he is in default, and subject to judgment, although the time for the next jury session has not yet arrived.
[2] The complaint in this case is on an itemized and verified account alleged to be on file. The appeal is on the record only, and there is nothing to contradict…
2Cited by3 opinions
- Knowles v. BlueSupreme Court of Alabama · 1923
- Ex Parte Central Alabama Dry Goods Co.Supreme Court of Alabama · 1939
- Frazier v. DismukeAlabama Court of Appeals · 1928