Threatt v. Altus Bank

KENNEDY, Justice.

We granted certiorari review in order to determine whether the defendant, against whom a default judgment had been entered, was entitled to relief under Rule 60(b), Ala. R.Civ.P., based on her claim that any liability she had to the plaintiff would have been a joint liability with her husband.

On July 11,1990, Altus Bank sued Altharis L. Threatt and her husband, Arthur, alleging that because of an accounting error the Bank had overpaid the Threatts $10,000 when they closed their joint certificate of deposit account with Altus. The Bank sought a return of the $10,000, plus…