Schwarz v. Oppenheimer, Strauss & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B.'Head. This action was brought by Oppenheimer, Strauss & Co., against' Louis L. Schwarz, and was' commenced' on' the 22d April, 1889. Tlie complaint contained only the common counts.
Read the full summary
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B.'Head. This action was brought by Oppenheimer, Strauss & Co., against' Louis L. Schwarz, and was' commenced' on' the 22d April, 1889. Tlie complaint contained only the common counts. On the' 23d May, 1889, the defendant filed two pleas to the action — namely, the general issue, and payment; but,' by mistake of the clerk, the pleas were placed in the file of papers belonging to another cause, and the names of the defendant’s attorneys were entered on the docket in that cause. On the 30th May, 1889, the plaintiffs asked…
1Opinion of the CourtMcCLELLAN, J.
The' fact that an affirmative plea, not verified by affidavit, has been filed, will not prevent the ren- - diti.on.of a.judgment by default, unless the defendant- appears to sustain it.—McCollum v. Caple, 1 Ala. 515; Dougherty v. Colquitt, 2 Ala. 337; McCoy v. Harrell, 40 Ala. 232; Lehman, Durr & Co. v. Hudmon, 85 Ala. 135; Ins. Co. v. Caldwell, 85 Ala. 607; Elyton Land Co. v. Morgan, 88 Ala. 434.
*464Section 11 of the act regulating the practice and proceedings in civil cases in the Circuit Court of Jefferson county &c. provides : “That final judgments rendered in said court shall, after…
2Cases cited8 opinions
- Elyton Land Co. v. Morgan & Co.Supreme Court of Alabama · 1889
- Glass v. GlassSupreme Court of Alabama · 1884
- Dougherty v. ColquittSupreme Court of Alabama · 1841
- McCoy v. Harrell, Nichols & Co.Supreme Court of Alabama · 1866
- Home Protection v. Caldwell Bros.Supreme Court of Alabama · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State ex rel. Happel v. District CourtMontana Supreme Court · 1909
- Blair v. BlairSupreme Court of Kansas · 1915
- McCord v. Harrison StringerSupreme Court of Alabama · 1922
- A. G. Story Mercantile Co. v. McClellanSupreme Court of Alabama · 1906
- Lokey v. WardSupreme Court of Alabama · 1934
6 more not listed; retrieve them via the Exa API.