Ex parte Allen
Supreme Court of Alabama
Original petition in the Supreme Court. H. J. Allen petitions for a common law writ of certirorari to review a default judgment rendered against him by the Bessemer City Court. Judgments by default- cannot he taken where no declaration has been filed and served. — Wellborn v. Shepherd, 5 Ala. 674; Ranklin v. Crowell, Minor, 125; 2 Brick. 187, 138; 6 Ency.
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Original petition in the Supreme Court. H. J. Allen petitions for a common law writ of certirorari to review a default judgment rendered against him by the Bessemer City Court. Judgments by default- cannot he taken where no declaration has been filed and served. — Wellborn v. Shepherd, 5 Ala. 674; Ranklin v. Crowell, Minor, 125; 2 Brick. 187, 138; 6 Ency. P. & P., 45-51. The judgment in this case, was entered upon another and different complaint from that served, and the same principles should apply.— 6 Ency. P. & P., 51; Benson v. Campbell, 6 Port. 455; Southern P. R. R. Co. v. Superior…
1Opinion of the CourtMcCLELLAN, J.
Common-laAV certiorari.
If the theory of the petitioner is maintainable, as it is presented in this application, viz., that the judgment assailed is void, and if it is of record apparent, common-law certiorari is the proper remedy to review and annul the judgment.—Independent Pub. Co. v. Amer. Press Co., 102 Ala. 475, 490, 15 South. 947.
These are the facts: Pinkney Scott instituted detinue against the petitioner, Allen, in the Bessemer city court. His complaint was: “The' plaintiff claims of the defendant the following personal property, to avíL *113one large bay horse, named John, with tail…
Also in this document: Concurrence.
2Cases cited6 opinions
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
- Cabe & Hobson Ltd. v. SterlingNew York Court of Appeals · 1889
- Fralick v. PresleySupreme Court of Alabama · 1856
- May v. State BankIndiana Supreme Court · 1857
- White v. Sheffield & Tuscumbia Street Railway Co.Supreme Court of Alabama · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. PollockSupreme Court of Alabama · 1948
- Pearce v. KennedySupreme Court of Alabama · 1936
- Louisville N. R. Co. v. JamesSupreme Court of Alabama · 1920
- Gibson v. Elba Exchange BankSupreme Court of Alabama · 1957
- Visible Measure Gasoline Dispenser Co. v. McCarty Drug Co.Supreme Court of Alabama · 1921
7 more not listed; retrieve them via the Exa API.