Tennessee C. I. & R. R. v. Wise
Supreme Court of Alabama
Appear from Birmingham City Court. Heard before Hon. C. W. Ferguson. Ejectment by the Tennessee Coal, Iron & Railway Company against Mrs. Mary Wise, and others. Default judgment was rendered against the defendant, which on motion was set aside and a writ of ouster issued against the plaintiff. Plaintiffs move to set aside the order vacating the judgment and issuing the writ.
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Appear from Birmingham City Court. Heard before Hon. C. W. Ferguson. Ejectment by the Tennessee Coal, Iron & Railway Company against Mrs. Mary Wise, and others. Default judgment was rendered against the defendant, which on motion was set aside and a writ of ouster issued against the plaintiff. Plaintiffs move to set aside the order vacating the judgment and issuing the writ. These motions being overruled, plaintiff appeals and asks for a writ of mandamus requiring the judge to vacate the order and quash the writ of ouster. The remedy pursued in seeking mandamus here is authorized by Ex parte…
1Opinion of the CourtSimpson, J.
This is an action of ejectment, the declaration being by John Doe against Richard Roe, and accompanied by a notice addressed to Mrs. Mary Wise, Joe Wise, and Cawie Wise, in the usual form, but not signed by Richard Roe, or by any one else. The return of the sheriff shows that a copy of said declaration and notice was duly served on said Mrs. Mary Wise, Joe Wise, and Cawie Wise. None of said parties appearing when the case was called, judgment by default was rendered against Richard Roe, Mrs. Mary Wise, Joe Wise, and Cawie Wise. At a subsequent term of the court *634the defendants appeared and…
2Cases cited3 opinions
- Buchanan v. ThomasonSupreme Court of Alabama · 1881
- Ware v. SwannSupreme Court of Alabama · 1885
- Wilson v. Owens' AdministratorSupreme Court of Alabama · 1871
3Cited by1 opinion
- Ex Parte WhiteheadAlabama Court of Appeals · 1940