Graham v. Reynolds
Supreme Court of Alabama
Appeal from Circuit Court of Montgomery. Tried before Hon. Jas. Q. Smith. On the 18th of May, 1870, the appellants were served with notice that, at the next term of the circuit court, the auditor, by Attorney-General Morse, would move against them for judgment, for the amount of certain unpaid taxes due by appellant, Graham, as tax collector, and the other appellants as his sureties.
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Appeal from Circuit Court of Montgomery. Tried before Hon. Jas. Q. Smith. On the 18th of May, 1870, the appellants were served with notice that, at the next term of the circuit court, the auditor, by Attorney-General Morse, would move against them for judgment, for the amount of certain unpaid taxes due by appellant, Graham, as tax collector, and the other appellants as his sureties. At the June term, 1870, the circuit court rendered the following judgment: “R. M. Reynolds, Auditor,] Came the State, by Joshua vs. | Morse, its Attorney-General^ H. Graham, Tax Collector j- and the defendants,…
1Opinion of the CourtPeck, C. J.
The judgment in this case was rendered in a summary proceeding, on motion against appellant, H. Graham, as tax collector of Calhoun county, and the other appellants as his sureties. The judgment is by nil dicit.
The judgment entry fails to state the facts necessary to give the court jurisdiction, or to show the liability of the defendants.
*580From the earliest history of this court, it has been often and uniformly held, that in such cases, it must appear by the judgment entry, when the judgment is by default, that the defendant had the notice which the law requires, and that the facts were proved…
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- Connoly v. Ala. & Tenn. Rivers RailroadSupreme Court of Alabama · 1856
- Andrews' Adm'r v. Branch Bank at MobileSupreme Court of Alabama · 1846
- Barclay v. BarclaySupreme Court of Alabama · 1868
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- Cory v. DennisSupreme Court of Alabama · 1890