Brandon v. Leeds State Bank
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Assumpsit by the Leeds State Bank against E. W. Brandon and others. Judgment for plaintiff and defendants appeal. The default judgment was void. — Ew parte Haynes, 140 Ala. 196; Acts 1888-9, § 5. The court was without jurisdiction to assess damages, a jury having been 'demanded. — Authorities supra, and Constitution 1901, § 11.
1Opinion of the Court
SAYRE, J. —
To appellee’s suit on a promissory note defendant Brandon entered a mere general denial, which, however, did not amount to the general issue, for the execution of the note was not specifically denied. Defendants Spruell and Pledger demurred, and at the same time demanded a trial by jury. The judgment which followed recites that defendants, being called, came not, but made default. This is the appropriate recital of a judgment by default; but the judgment rendered was not a technical judgment by default for two reasons : (1) Defendants had appeared and pleaded. (2) The further…
2Cases cited7 opinions
- Hutchison & Wilson v. PowellSupreme Court of Alabama · 1890
- Home Protection v. Caldwell Bros.Supreme Court of Alabama · 1888
- American Mortgage Co. v. InzerSupreme Court of Alabama · 1893
- McCollom v. HoganSupreme Court of Alabama · 1840
- McGowin v. DicksonSupreme Court of Alabama · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Prudential Casualty Co. v. KerrSupreme Court of Alabama · 1918
- McCord v. Harrison StringerSupreme Court of Alabama · 1922
- Lokey v. WardSupreme Court of Alabama · 1934
- Johnson v. StateCourt of Criminal Appeals of Alabama · 1973
- Skelton v. WeaverSupreme Court of Alabama · 1957
5 more not listed; retrieve them via the Exa API.