McDonald v. Cawhorn
Supreme Court of Alabama
Bill to Cancel Judgement for Want of Service. Appeal from Lauderdale Chancery Court. Heard before Hon. W. H. Simpson. Bill by Lydia McDonald against W. W. Cawhorn, as administrator of Betsie McOlusliey. From a decree for defendant, complainant appeals.
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Bill to Cancel Judgement for Want of Service. Appeal from Lauderdale Chancery Court. Heard before Hon. W. H. Simpson. Bill by Lydia McDonald against W. W. Cawhorn, as administrator of Betsie McOlusliey. From a decree for defendant, complainant appeals. The hill alleges that a judgment by default was rendered against complainant and her husband, F. S. Me-Donald, on a note, in the sum of $638.97 and costs, and that execution had issued on it and had been levied upon lands therein described; that the property so levied on has been advertised for sale in satisfaction of the execution, etc. The…
1Opinion of the CourtAnderson, J.
Tbe burden of proof was upon tbe complainant to show that the process was served in Tennessee; but as to what would be tbe result, if this fact was satisfactorily established, we need not determine, as we do not think she has successfully proven that tbe dining room in which tbe paper was left was not in Alabama. All tbe witnesses agree that tbe bouse is on or near tbe state line, while tbe sheriff, a disinterested witness, testifies that tbe dining room is in Alabama, and the only evidence to tbe contrary is that of tbe complainant and her husband, who- are both interested and Avho could…
2Cases cited3 opinions
- Dunklin v. WilsonSupreme Court of Alabama · 1879
- Rice & Wilson v. TobiasSupreme Court of Alabama · 1889
- Rice & Wilson v. TobiasSupreme Court of Alabama · 1887
3Cited by14 opinions
- Gill v. MoreSupreme Court of Alabama · 1917
- Prudential Casualty Co. v. KerrSupreme Court of Alabama · 1918
- Ingram v. Alabama Power Co.Supreme Court of Alabama · 1917
- Cantwell v. CantwellIndiana Supreme Court · 1957
- Gray v. HandySupreme Court of Alabama · 1920
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