Western Union Telegraph Co. v. Laslie
Alabama Court of Appeals
Appeal from Circuit Court, Macon County; S. L. Brewer, Judge. Action by D. E. Laslie against the Western Union Telegraph Company for damages for delay in delivery of a message, resulting in judgment by default for plaintiff, which defendant moved to set aside, the motion-being denied, and defendant appeals. Where the plaintiff has made the demand for- jury trial, he cannot withdraw the demand without the consent of, or at least notice to, the defendant.
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Appeal from Circuit Court, Macon County; S. L. Brewer, Judge. Action by D. E. Laslie against the Western Union Telegraph Company for damages for delay in delivery of a message, resulting in judgment by default for plaintiff, which defendant moved to set aside, the motion-being denied, and defendant appeals. Where the plaintiff has made the demand for- jury trial, he cannot withdraw the demand without the consent of, or at least notice to, the defendant. Acts 1915, p. 939; 201 Ala. 97, 77 South. 391; 79 South. 253.
1Opinion of the CourtSamford, J.
Judgment by default was rendered October 14, 1918. After the rendition of the judgment by default, defendant made its motion to set aside the judgment, assigning several grounds, among which was: “The summons and complaint were not served on an agent of defendant.” The motion was accompanied by affidavits establishing the fact that the only service had on defendant was by leaving a copy of the summons and complaint with Miss Kathryn Grimmett, the local manager of the Western Union Telegraph Company at Tuskegee, on September 4, 191S; but she failed to notify the superintendent of the service,…
2Cases cited8 opinions
- Dakota Central Telephone Co. v. South Dakota Ex Rel. PayneSupreme Court of the United States · 1919
- Haubert v. Baltimore & O. R.District Court, N.D. Ohio · 1919
- Rutherford v. Union Pac. R.District Court, D. Nebraska · 1919
- Vaughn v. StateAlabama Court of Appeals · 1919
- Hatcher & Snyder v. Atchison, T. & S. F. Ry. Co.District Court, D. Colorado · 1919
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