H. H. Hitt Lumber Co. v. Turner
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. S. J. Turner obtained judgment against the H. H. Hitt Lumber Company in a justice court, and the lumber company petitioned for certiorari to quash such judgment. The circuit court denied the writ and petitioner appeals.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. S. J. Turner obtained judgment against the H. H. Hitt Lumber Company in a justice court, and the lumber company petitioned for certiorari to quash such judgment. The circuit court denied the writ and petitioner appeals. In the absence of anything to the contrary, the name of the defendant imports a corporation.—Moore v. Martin & Hoyt Go., 124 Ala. 292; 41 S. E. 79; 9 Minn. 239. The judgment did not shoAV nor the record recite that the person on whom service Avas made was such as was authorized by law to receive service, and…
1Opinion of the CourtGardner, J.
This cause brings up for review the action of the circuit court in dismissing the petition for common-law certiorari, which sought annulment of the judgment of the justice of the peace rendered against petitioner, appellant here. The appeal was to the Court of Appeals, and was duly transferred to this court under the provisions of Acts 1911, p. 449.
It is alleged that petitioner is a corporation, and that neither it nor any agent has been served with process in the suit, and that it had no knowledge thereof until the presentation of execution; that the judgment of the justice of the peace does…
2Cases cited15 opinions
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3Cited by11 opinions
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