Wetumpka & Coosa R. R. v. Cole

Theonly matter assigned for error, is, that a judgment by default was rendered, and the record does not show that the defendant (the Rail Road Co.) was before the court by service of process or by voluntary appearance. The sheriff’s return is, that the writ was served on John Duncan as the president of the corporation; but there is no proof in the record, that he sustains that relation to the company.

It was held in the Planters’ and Merchants’ Bank of Huntsville v. Walker, [Minor, 391,] that the sheriff’s return of service upon one as cashier, was not sufficient to sustain a judgment by…