Ex parte Howard-Harrison Iron Co.
Supreme Court of Alabama
Howarcl-Harrison Iron Company, a corporation engaged in the manufacture of cast iron pipes, filed its petition for a writ of mandamus and a writ of prohibition, showing among other things, that petitioner, by its agent, made an assessment of its property for the tax year 1897, to the tax assessor of Jefferson county, as follows : Personal property, $60,430.00; real estate, $13,-265.00; total, $73,695.00; that the assessor entered such assessment on the tax book and returned…
Read the full summary
Howarcl-Harrison Iron Company, a corporation engaged in the manufacture of cast iron pipes, filed its petition for a writ of mandamus and a writ of prohibition, showing among other things, that petitioner, by its agent, made an assessment of its property for the tax year 1897, to the tax assessor of Jefferson county, as follows : Personal property, $60,430.00; real estate, $13,-265.00; total, $73,695.00; that the assessor entered such assessment on the tax book and returned same with the tax list to the commissioners’ court, as required by law. Thereafter, on July 16,1898, H. L. Badham, tax…
1Opinion of the CourtMcCLELLAN, J.
There is conflict of authority on the point whether a judgment rendered before the appearance day specified in the summons or notice is irregular and erroneous merely, or void. The weight of adjudged cases and texts, however, support the view that such judgment is erroneous only and not void; and we so hold. — 1 Freeman on Judgments, §126, n. 3; 12 Am. & Eng. Encyc. of Law p. 147 r.; White v. Crow, 110 U S. 183; In re Newman’s estate, 75 Cal. 213; Stephenson v. *489Newcomb, 5 Harr. (Del.) 150; Solomon v. Newell, 67 Ga. 572; McAlpine v. Sweetser, 76 Ind. 78; Ballinger v. Tarbell, 16 Iowa, 491;…
2Cases cited9 opinions
- Matter of the Estate Op Bernard NewManCalifornia Supreme Court · 1888
- Georgia Pacific Railway Co. v. PropstSupreme Court of Alabama · 1887
- Ballinger v. TarbellSupreme Court of Iowa · 1864
- McAlpine v. SweetserIndiana Supreme Court · 1881
- Walker v. GriffithSupreme Court of Alabama · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State ex rel. Crenshaw v. JosephSupreme Court of Alabama · 1911
- Barnsdall Refining Corp. v. WelshSouth Dakota Supreme Court · 1936
- Donoghue v. BunkleySupreme Court of Alabama · 1946
- State ex rel. Douglas County v. FrankNebraska Supreme Court · 1900
- Sellers v. StateSupreme Court of Alabama · 1909
21 more not listed; retrieve them via the Exa API.