Prayter v. Northen
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by Tallie Prayter against C. S. Northen and another. From a judgment granting new trial to defendant Studebaker Corporation of America, in said action, plaintiff appeals, with, petition for mandamus to set aside such judgment granting new trial and reinstate the former judgment.
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Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by Tallie Prayter against C. S. Northen and another. From a judgment granting new trial to defendant Studebaker Corporation of America, in said action, plaintiff appeals, with, petition for mandamus to set aside such judgment granting new trial and reinstate the former judgment. The appellant obtained a judgment by default in the circuit-court of Jefferson county against C. S. Northen and the Studebaker Corporation of America, on March 24, 1913. On April. 23, 1913, a motion was filed in behalf of the Studebaker…
1Opinion of the CourtSomerville, J.
It is clear that the mistake, if any, which prevented the defendant corporation from defending the suit in which the plaintiff recovered this judgment, was due either to simple neglect on the part of the corporation, or its representative intrusted therewith, or else to a deliberate speculation upon the assumed invalidity of the service of process on Hardman, as treasurer of the corporation. The evidence not only does not show that the defendant corporation was free from fault, but affirmatively shows very culpable neglect in looking after the defense of the suit — assuming, of course, that…
2Cases cited1 opinion
- Eagle Life Ass'n v. ReddenSupreme Court of Alabama · 1898
3Cited by2 opinions
- State Farm Mutual Automobile Insurance v. BarrowCourt of Civil Appeals of Alabama · 1971
- Denson v. Board of Trustees of University of AlabamaSupreme Court of Alabama · 1945