Florida Nursery & Trading Co. v. Watson
Alabama Court of Appeals
Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Action by J. A. Watson against the Florida Nursery & Trading Company. From a judgment by default; defendant appeals.
1Opinion of the CourtBrown, P. J.
[1] This appeal is prosecuted from a judgment by default against the appellant, a corporation. The return on the summons and complaint recites that it was “executed April 8, 1916, by leaving a copy of
the within summons and complaint with M. A. Lenear, known to me to be the manager of the Florida Nursery & Trading Co.” This return, under the statute which now provides “the return of the officer executing the summons that the person to whom delivered is the agent of the corporation shall be prima facie evidence of such fact and authorize judgment by default or otherwise -without further proof…
2Cases cited4 opinions
- Brown v. StateSupreme Court of Alabama · 1895
- Burgess v. American Mortgage Co.Supreme Court of Alabama · 1896
- Hodge v. TuftsSupreme Court of Alabama · 1896
- Lunsford v. DietrichSupreme Court of Alabama · 1888
3Cited by4 opinions
- Duck Brand Co. v. DouglassAlabama Court of Appeals · 1918
- Owensboro Wagon Co. v. Benton Mercantile Co.Supreme Court of Alabama · 1920
- Florida Nursery & Trading Co. v. WatsonAlabama Court of Appeals · 1918
- Owensboro Wagon Co. v. Benton Mercantile Co.Supreme Court of Alabama · 1920