Lawrence v. Stone
Supreme Court of Alabama
Appeal from Cherokee Circuit Court. Heard before Hon. W. W. Haralson. Assumpsit- by J. A. Stone against J. R. Lawrence and others. Judgment by default, from which defendants appeal. Twenty days notice of suit is necessary to sustain a default judgment.
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Appeal from Cherokee Circuit Court. Heard before Hon. W. W. Haralson. Assumpsit- by J. A. Stone against J. R. Lawrence and others. Judgment by default, from which defendants appeal. Twenty days notice of suit is necessary to sustain a default judgment. It cannot rest partly in parol and partly in writing. — Timber - lake, et al. v. Breioer, 59 Ala. 108; Graham v. Reynolds, 15 Ala. 578; Connelly v. A. & T. R. R. Co., 29 Ala. 373. Proper service alone is not sufficient, but there must be at the time the default is entered proper proof that a legal service is made. — 6 Ency P. & P. 29; 23 Cyc.…
1Opinion of the CourtDenson, J.
This action was commenced on the 23d day of June; 1908, in the circuit court of Cherokee county against James R. Lawrence and F. M. Lawrence. A branch summons and complaint was issued to Calhoun county, and was served upon F. M. Lawrence in that county. The court convened on Monday, the 27th day of July, 1908, and on the 30th day of the same month judgment by default was rendered by the court against both of the defendants. From that judgment, the defendants bring this appeal.
Appellants have been granted a severance, and the assignments of error are both joint and several. The sum*384mons and…
2Cases cited5 opinions
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Reinhart v. LugoCalifornia Supreme Court · 1890
- Timberlake v. BrewerSupreme Court of Alabama · 1877
- Nasworthy v. DraperCourt of Appeals of Texas · 1895
- Ivey v. PerrySupreme Court of Alabama · 1892
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- J.A.P. v. L.W.A.Court of Civil Appeals of Alabama · 2004
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