Endowment Department District Grand Lodge No. 23 G. U. O. O. F. v. Harvey
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by Annie Harvey against the Endowment Department of District Grand Lodge No. 23, of Alabama, of the Grand United Order of Odd Fellows. From a judgment dismissing an application for a rehearing after a default judgment for plaintiff, defendant appeals, and moves for writs of mandamus and certiorari. Motions denied, and judgment affirmed.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by Annie Harvey against the Endowment Department of District Grand Lodge No. 23, of Alabama, of the Grand United Order of Odd Fellows. From a judgment dismissing an application for a rehearing after a default judgment for plaintiff, defendant appeals, and moves for writs of mandamus and certiorari. Motions denied, and judgment affirmed. The second count of the complaint, mentioned in the opinion, was as follows: “Plaintiff claims of the defendant the sum of $500, with interest thereon since the 22d day of February,…
1Opinion of the CourtThomas, J.
On January 7, 1911, the appellee, Annie Harvey, obtained a judgment by default in the circuit court of Jefferson county against appellant. On May 11, 1911 — more than four months after the rendition of the said judgment — appellant, defendant below, filed with the judge of said court an application for rehearing under the provisions of section 5372 of the Code, whereupon supersedeas was ordered and issued as provided in section 5374 of the Code. On June 29, 1912, *245at a regular term of said court, upon regular trial of the application as provided by law, there was judgment and order denying and…
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