Black v. Williamson & Young
Alabama Court of Appeals
Appeal from Geneva County Court. Heard before Hon. A. A. Campbell. Assumpsit by Dr. Williamson & Young, a partnership, against A. B. Black. Default judgment for plaintiff and defendant appeals.
1Opinion of the CourtPelham, P. J.
The transcript in this case shows that suit was brought in the county court, declaring on the common counts, by the appellee partnership against the appellant to recover a sum certain. There was no indorsement on the summons or complaint that the account sued upon was verified by affidavit, as required by statute to make it competent evidence of the correctness of the account. — Act approved September 17, 1915, amending section 3970 of the Code of 1907 (Acts 1915, p. 609).
Judgment by default was rendered against the appellant, and the judgment entry recites: “And this suit being based on an…
2Cases cited2 opinions
- Greer & Walker v. Liipfert-Scales Co.Supreme Court of Alabama · 1908
- Parsons Lumber Co. v. West-Steagall G. & M. Co.Supreme Court of Alabama · 1909
3Cited by3 opinions
- Owensboro Wagon Co. v. Benton Mercantile Co.Supreme Court of Alabama · 1920
- Frazier v. DismukeAlabama Court of Appeals · 1928
- Owensboro Wagon Co. v. Benton Mercantile Co.Supreme Court of Alabama · 1920