Continental Casualty Company v. Barlar

WRIGHT, Presiding Judge.

This appeal comes from denial of a motion to set aside a default judgment.

Plaintiff brought suit on a policy of insurance. The damage claimed in the complaint was $2,500.00 together with interest. At some time subsequent to the filing and prior to entering the default judgment, the complaint was amended without service upon defendant as required by Rule 5(a) Alabama Rules of Civil Procedure. Amendment was by interlining the complaint and increasing the sum from $2,500.-00 to $2,856.00.

Defendant defaulted. Judgment was given plaintiff in the amount of $2,856.00. Several…