Scottish Union National Ins. Co. v. Baker
Alabama Court of Appeals
Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action by Mary M. Baker against the Scottish Union & National Insurance Company upon a fire insurance policy. There was judgment by default, which on motion the court declined to set aside, and defendant appealed. The judgment of default was erroneous, as it was rendered before the return day of the summons.
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Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action by Mary M. Baker against the Scottish Union & National Insurance Company upon a fire insurance policy. There was judgment by default, which on motion the court declined to set aside, and defendant appealed. The judgment of default was erroneous, as it was rendered before the return day of the summons. Acts 1915, p. 825; sections 5299 and '5346, Code 1907; 100 Ala. 545, 13 South. 665; 119 Ala. 484, 24 South. 516; 126 Ala. 264, 27 South. 842; 128 Ala. 474, 29 South. 582. The Legislature intended to do no more' by the act of…
1Opinion of the CourtSamford, J.
This was a suit instituted by the appellee against the appellant on an insurance policy for damage done to a dwelling house and other property by a tornado or storm, was commenced on May 2, 1918, and a copy of the summons and complaint was served on the appellant on May 3, 1918. The summons was as follows:
“You are hereby commanded to summon Scottish Union and National Insurance Company, a corporation, to appear at the present term of the circuit court being held for said county on the second Monday in June, 1918, at the place of holding the same, then and there to answer the complaint of Mary…
2Cases cited5 opinions
- City Council v. National Building & Loan Ass'nSupreme Court of Alabama · 1895
- Smith v. StilesSupreme Court of Alabama · 1916
- Iverson v. StateSupreme Court of Alabama · 1875
- Lee v. StateSupreme Court of Alabama · 1904
- Carmichael v. J. C. Jones & Bro.Alabama Court of Appeals · 1917
3Cited by3 opinions
- House v. Cullman CountySupreme Court of Alabama · 1992
- Ex Parte BakerSupreme Court of Alabama · 1919
- Scottish Union & National Ins. v. BakerSupreme Court of Alabama · 1919