Legal Opinion
Mitchell Bros. Contractors, Inc. v. Benson
Court of Civil Appeals of Alabama
Decided April 18, 1984No. Civ. 4162PublishedCited by 5 opinions
1Opinion of the Court
HOLMES, Judge.
The plaintiff sued the defendants, Wood and Mitchell Real Estate Company, as a result of an automobile accident. A judgment by default was entered against Wood and Mitchell Real Estate Company. The defendants thereafter via a rule 60(b) motion, Alabama Rules of Civil Procedure, sought relief from the judgment contending that there was no service of process. The trial court denied the relief sought.
The plaintiff then by appropriate motion sought to “amend” the judgment by changing Mitchell Real Estate Company to Mitchell Brothers Contractors, Inc., alleging that they are one and…
2Cases cited4 opinions
- Raine v. First Western BankSupreme Court of Alabama · 1978
- First Nat. Bank of Birmingham v. ChichesterCourt of Civil Appeals of Alabama · 1977
- Chiriaco v. JacksCourt of Civil Appeals of Alabama · 1982
- Chichester v. First National Bank of BirminghamSupreme Court of Alabama · 1978
3Cited by5 opinions
- Scottsbluff Typewriter Leasing Co. v. Beverly Enterprises-Nebraska, Inc.Nebraska Supreme Court · 1988
- Ex Parte CTF Hotel Management Corp.Supreme Court of Alabama · 1998
- McCrory & Williams, Inc. v. AllenCourt of Civil Appeals of Alabama · 2014
- Scottsbluff Typewriter Leasing Co. v. Beverly Enterprises-Nebraska, Inc.Nebraska Supreme Court · 1988
- Sims v. State ex rel. Alabama Commission on Higher EducationCourt of Civil Appeals of Alabama · 1991