Ex parte Doak
Supreme Court of Alabama
Original petition by John Doak for a writ of mandamus. The affidavit filed with tbe motion of tbe city of Birmingham to set aside tbe judgment by default is as follows : Personally appear before me, clerk of tbe circuit court- in and for said state and county, M. M. UHman, wbo being duly sworn deposes and says that be is tbe attorney of record for tbe city of Birmingham, in tbe above-entitled cause.
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Original petition by John Doak for a writ of mandamus. The affidavit filed with tbe motion of tbe city of Birmingham to set aside tbe judgment by default is as follows : Personally appear before me, clerk of tbe circuit court- in and for said state and county, M. M. UHman, wbo being duly sworn deposes and says that be is tbe attorney of record for tbe city of Birmingham, in tbe above-entitled cause. Affiant further says that be bas caused a full investigation to be made of tbe claim of John Doak against tbe city of Birmingham, and, from tbe examination of said case made by affiant, affiant is…
1Opinion of the CourtMcCLELLAN, J.
Application for writ of mandamus to require the vacation of an order or judgment, entered in the circuit court of Jefferson county in the cause of John Doak (petitioner) against the city of Birmingham et al., setting aside a previously entered judgment by default, with writ of inquiry executed against the city of Birmingham.
Doak’s action was instituted March 4, 1913; and the summons to the city of Birmingham was returned executed March 8, 1913, by service on Culpepper Exum, commissioner of the municipality. On April 28, 1913, judgment by default was entered against the city on plaintiff’s…
2Cases cited12 opinions
- Commonwealth v. MaloneyMassachusetts Supreme Judicial Court · 1887
- McLeod v. Shelly Manufacturing & Improvement Co.Supreme Court of Alabama · 1895
- Ex parte ParkerSupreme Court of Alabama · 1911
- Allen v. Lathrop-Hatton Lumber Co.Supreme Court of Alabama · 1890
- Talladega Mercantile Co. v. McDonaldSupreme Court of Alabama · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Ingalls Shipbuilding Corporation v. CahelaSupreme Court of Alabama · 1948
- Liverpool London Globe Ins. Co. v. LoweSupreme Court of Alabama · 1922
- Ex Parte SchoelSupreme Court of Alabama · 1921
- Ferrell v. RossSupreme Court of Alabama · 1917
44 more not listed; retrieve them via the Exa API.