Legal Opinion

Sivley v. Memphis Drum Service, Inc.

Court of Civil Appeals of Alabama

Decided December 13, 1978No. Civ. 1631PublishedCited by 1 opinion

1Opinion of the Court

HOLMES, Judge.

The plaintiffs, Memphis Drum Service, Inc., and James A. Massey, brought suit against the defendant in the appropriate court in Memphis, Tennessee. Service of process was had upon the defendant by the “long arm” statute of Tennessee. A default judgment was entered in Tennessee and thereafter suit was filed in Birmingham, Alabama, on the Tennessee judgment.

The defendant in the Alabama court attacked the Tennessee judgment on the basis of improper service of process. The plaintiffs prevailed and the defendant appeals to this court.

The dispositive issue on appeal is whether the…

2Cases cited2 opinions

  1. Nash v. NashAlabama Court of Appeals · 1956
  2. Dollahite-Levy Co. v. OvertonSupreme Court of Alabama · 1931

3Cited by1 opinion

  1. Moreira v. MooreCourt of Civil Appeals of Alabama · 1996

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