Rosenau v. Powell
Supreme Court of Alabama
Appeal from Tuscaloosa County Court. Heard, before Hon. H. B. Foster. Bill by M. E. Powell against D. L. Rosenau for an accounting and to declare a deed null and void. Judgment for complainant and respondent appeals. The court was in error in rendering a decree pro confesso against the defendant. First, because interrogatories were never filed, and no order was made by the register requiring and fixing a time for answer.
Read the full summary
Appeal from Tuscaloosa County Court. Heard, before Hon. H. B. Foster. Bill by M. E. Powell against D. L. Rosenau for an accounting and to declare a deed null and void. Judgment for complainant and respondent appeals. The court was in error in rendering a decree pro confesso against the defendant. First, because interrogatories were never filed, and no order was made by the register requiring and fixing a time for answer. S'ect-ions 8135, 3136, Code 1907. ■ The court erred in permitting the amendment. Sections 3126, 3127, Code 1907; Rules 40, 41, 42 and 44, Chancery Practice; Holley v. Boss,…
1Opinion of the CourtSayre, J.
In her original bill complainant (appellee) waived answer under oath. The bill was fully and properly answered. Afterwards complainant lodged with the register interrogatories requiring sworn an*125swer by tbe defendant. Tbe register failed to mark the interrogatories filed, nor does he seem to have made any formal order upon the minute book of the court fixing the time within which they should be answered. However, he prepared duplicate notices to the defendant, reciting the fact that complainant had filed interrogatories, and notifying defendant that he had 65 days from date in which to answer…
2Cases cited12 opinions
- May v. LewisSupreme Court of Alabama · 1853
- Munford v. PearceSupreme Court of Alabama · 1881
- Phillips, Goldsby & Blevins v. Beene's Adm'rSupreme Court of Alabama · 1862
- McDonnell & Co. v. FinchSupreme Court of Alabama · 1901
- Holly v. Bass' Adm'rSupreme Court of Alabama · 1879
7 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Wilks v. WilksSupreme Court of Alabama · 1912
- Staples v. BarretSupreme Court of Alabama · 1926
- Todd v. Interstate Mortgage & Bond Co.Supreme Court of Alabama · 1916
- Dixie Grain Co. v. QuinnSupreme Court of Alabama · 1913
29 more not listed; retrieve them via the Exa API.