Windham v. National Fertilizer. Co.
Supreme Court of Alabama
Appeal from Circuit Court of Geneva. Tried before tlie Hon. J. M. Carmichael. This was an action of assumpsit, brought by the appellee, the National Fertilizer Co., against the appellants; and counted on a promissory note, alleged to have been signed by all the defendants. The return of the sheriff showed that the summons and complaint had been served upon all of the defendants, except Z. McKinney.
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Appeal from Circuit Court of Geneva. Tried before tlie Hon. J. M. Carmichael. This was an action of assumpsit, brought by the appellee, the National Fertilizer Co., against the appellants; and counted on a promissory note, alleged to have been signed by all the defendants. The return of the sheriff showed that the summons and complaint had been served upon all of the defendants, except Z. McKinney. A judgment by default was rendered against all of the defendants ; and this appeal is prosecuted from said judgment, and the same is here assigned as error.
1Opinion of the CourtStone, C. J.
-The return of the sheriff in this case shows that service of the summons and complaint was perfected on all the defendants except one, Z. McKinney. As to him the process was returned “not found.” Judgment by default was taken and entered up against all the defendants. This was error which compels a reversal of the judgment.— Smith v. Winthrop, Minor, 425; Driver v Spence, 3 Ala. 98; Granberry v. Welborn, 4 Ala. 18; Faver v. Briggs, 18 Ala. 478; Childress v. Taylor. 33 Ala. 185; Parker v. Parker, 39 Ala. 347. But as the cause of action sued on is several as well as joint, reversing the…
2Cases cited6 opinions
- Wiswell v. MunroeSupreme Court of Alabama · 1842
- Faver v. BriggsSupreme Court of Alabama · 1850
- Driver v. SpenceSupreme Court of Alabama · 1841
- Lucy v. BeckSupreme Court of Alabama · 1837
- Childress v. TaylorSupreme Court of Alabama · 1858
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3Cited by2 opinions
- Citizens' State Bank of Ft. Gibson v. StrahanSupreme Court of Oklahoma · 1916
- Krasner v. GurleySupreme Court of Alabama · 1947