Keiffer v. Barney Bros.
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes. Heard before the Hon. Wade Keyes. The bill in this case was filed by the appellees, against Mrs. Mary Keiffer and Louis Keiffer, her husband; and sought to subject Mrs. Keiffer’s separate estate to the payment of a promissory note, executed by her and her husband jointly, during coverture, dated January 18, 1855. Publication was prayed against the husband as a nonresident ; and a decree pro confesso was entered against him, which is…
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Appeal from the Chancery Court of Lowndes. Heard before the Hon. Wade Keyes. The bill in this case was filed by the appellees, against Mrs. Mary Keiffer and Louis Keiffer, her husband; and sought to subject Mrs. Keiffer’s separate estate to the payment of a promissory note, executed by her and her husband jointly, during coverture, dated January 18, 1855. Publication was prayed against the husband as a nonresident ; and a decree pro confesso was entered against him, which is particularly noticed in the opinion of the court. Mrs. Keiffer answered the bill, admitting the execution of the note…
1Opinion of the CourtWalkeb, J.
— The decree pro eonfesso against Louis Keiffer is defective in the following particulars: 1st. It merely states that publication had been made and perfected agreeably to the rules of practice in this court, without stating the facts necessary to constitute good service. — Hartley v. Bloodgood, 16 Ala. 233; Cullum v. Br. Bank, 23 ib. 797. 2d. The decree was taken before the expiration of thirty days from the perfection of the pub- . lication. — Code, § 2890.
2. It is insisted, that, although the decree pro eonfesso is erroneous, this court should not reverse upon this appeal, because the…
2Cases cited4 opinions
- Hartley v. BloodgoodSupreme Court of Alabama · 1849
- Allen v. ManasseSupreme Court of Alabama · 1843
- Mowatt v. GrahamNew York Court of Chancery · 1833
- Simonds v. GulleySupreme Court of Alabama · 1845
3Cited by11 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Fullerton v. SherrillSupreme Court of Iowa · 1901
- Diston & Sons v. HoodSupreme Court of Alabama · 1887
- Elliot v. ThomasMissouri Court of Appeals · 1912
- Watters v. WattersSupreme Court of Alabama · 1924
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