Legal Opinion

Southern Express Co. v. Carroll

Supreme Court of Alabama

Decided January 15, 1868PublishedCited by 4 opinions

Appeal from the Circuit Court of Shelby. Note by the Eepoeteb. — The transcript fails to state who was the presiding judge.

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Appeal from the Circuit Court of Shelby. Note by the Eepoeteb. — The transcript fails to state who was the presiding judge. This was an action against the appellant as a common-carrier, to recover the value of a money package lost by the company, and was commenced on the 13th day of February, 1866. The following endorsements by the clerk and sheriff appear on the summons and complaint: “The plaintiff having made affidavit that the president of the Southern Express company, or other head thereof, the secretary, cashier, or managing agent thereof, are unknown to him, you are hereby authorized…

1Opinion of the CourtA. J. Walker, C. J.

The judgment of the court below must .be reversed on the authority of the Oxford Iron Co. v. Spradley, MS. To sustain the judgment by default, it is requisite that it should appear otherwise than by the sheriff’s return or the clerk’s statement, that the person upon whom the summons and complaint were served occupied such a relation to the defendant, that the defendant could legally be made a party by service on such person. Section 2569, (2170), Revised Code, does not authorize proof either by the plaintiff’s affidavit or by the clerk’s statement, that the person served occupied the relation…

2Cited by4 opinions

  1. Manhattan Fire Insurance v. Fowler & Co.Supreme Court of Alabama · 1884
  2. Memphis & Charleston Railroad v. BrannumSupreme Court of Alabama · 1892
  3. H. H. Hitt Lumber Co. v. TurnerSupreme Court of Alabama · 1914
  4. Ex Parte National Lumber Mfg. Co.Supreme Court of Alabama · 1906

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