Ex parte Overton
Supreme Court of Alabama
Original application in the Supreme Court. .Application by Andy J. Overton for writ of mandamus directed to the judge of the circuit court of Jefferson county, to require him to vacate an order setting-aside a judgment rendered by default. Rule denied. No brief reached the Reporter. The judge’s bench notes are never a judgment. — M. & G. .R.
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Original application in the Supreme Court. .Application by Andy J. Overton for writ of mandamus directed to the judge of the circuit court of Jefferson county, to require him to vacate an order setting-aside a judgment rendered by default. Rule denied. No brief reached the Reporter. The judge’s bench notes are never a judgment. — M. & G. .R. R. Go. v. Martin, 331 Ala. 269; Winn v. McCramy, 156 Ala, 630. If said notes had any efficiency, they were destroyed by the failure of the clerk to enter them on the minutes. A judgment by default may be interlocutory or final, but where a writ of inquiry…
1Opinion of the CourtSayre, J.
This is an original application to this court for a writ of mandamus. It appears that the petitioner brought his suit in the circuit court of Jefferson county against Octavia A. Wood. On October 7, 1911, more than 30 days after due service of the summons and complaint, defendant being in default, plaintiff had judgment by default with leave to execute a writ of inquiry for the assessment of damages. On November 10, 1931, the inquiry was executed and damages assessed by a jury. Subsequently the defendant moved the court to set aside the judgment and for leave to plead to the merits, averring…
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