McGowin v. Dickson
Supreme Court of Alabama
'Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Allie E. Dickson against W. T. MeGowin for breach of contract. Judgment by default, and defendant appeals.
Read the full summary
'Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Allie E. Dickson against W. T. MeGowin for breach of contract. Judgment by default, and defendant appeals. The following is the complaint: (The portions underscored represent the amendment allowed in red ink, the other portions representing the original complaint.) “Plaintiff claims of defendant $5,340, with interest from the 19th day of August, 1912, for the breach of an agreement entered into by and between plaintiff and defendant on the 27th day of February, 1912, which was in words and figures as follows:…
1Opinion of the Court
de GRAFFENRIED, J.
The complaint as originally filed, and as it was amended before judgment was *166rendered thereon, has been by the reporter above set out. The complaint without the italicized portions is the original complaint, and is the only complaint which was ever served upon the defendant. The complaint with the italicized portions is the complaint as it existed after it was amended, and is the complaint upon which the judgment was rendered by default against the defendant.
1. Section 5301 of the Code of 1907 provides that “The summons must be executed by the sheriff or other officer in any…
2Cases cited2 opinions
- Duke v. Cahawba Navigation Co.Supreme Court of Alabama · 1846
- Walker v. StateSupreme Court of Alabama · 1875
3Cited by12 opinions
- Prudential Casualty Co. v. KerrSupreme Court of Alabama · 1918
- Jones v. StateSupreme Court of Alabama · 1937
- Hudgens v. TillmanSupreme Court of Alabama · 1933
- Davis v. WachterSupreme Court of Alabama · 1932
- Dulin v. JohnsonSupreme Court of Alabama · 1927
7 more not listed; retrieve them via the Exa API.