Ex parte Haynes
Supreme Court of Alabama
Tbe petition in this case was originally filed in the Supreme Court by J. H. Haynes, and asked for a mandamus to be issued by the court directed to the Hon. B. 0. Jones, Judge of the City Court of Bessemer, commanding him to vacate an order rendered by him, setting aside a judgment by default which had previously been rendered in favor of the petitioner. Upon the filing of the petition, the respondent, B. C. Jones, filed his answer.
Read the full summary
Tbe petition in this case was originally filed in the Supreme Court by J. H. Haynes, and asked for a mandamus to be issued by the court directed to the Hon. B. 0. Jones, Judge of the City Court of Bessemer, commanding him to vacate an order rendered by him, setting aside a judgment by default which had previously been rendered in favor of the petitioner. Upon the filing of the petition, the respondent, B. C. Jones, filed his answer. The facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion. It is not enough that the…
1Opinion of the CourtTyson, J.
Petition for writ of mandamus to compel the vacating of an order setting aside a judgment by default entered by the respondent as judge of the city court of Bessemer. It appears by the record that the petitioner brought his action, by summon and complaint, against the Birmingham Mining & Contracting Company, a copy of which was served on an agent of defendant on the 20th day of August, 1903.
Nine days thereafter the defendant, by attorney, appeared and filed a demurrer to the complaint. On the 9th day of November following the judgment by default was rendered, which was set aside on the 14th…
2Cases cited3 opinions
- Elyton Land Co. v. Morgan & Co.Supreme Court of Alabama · 1889
- Schwarz v. Oppenheimer, Strauss & Co.Supreme Court of Alabama · 1890
- Lehman, Durr & Co. v. Hudmon Bros.Supreme Court of Alabama · 1887
3Cited by6 opinions
- Liverpool London Globe Ins. Co. v. LoweSupreme Court of Alabama · 1922
- Lokey v. WardSupreme Court of Alabama · 1934
- Brandon v. Leeds State BankSupreme Court of Alabama · 1914
- Skelton v. WeaverSupreme Court of Alabama · 1957
- United States Building & Loan Ass'n v. SouleIdaho Supreme Court · 1937
1 more not listed; retrieve them via the Exa API.