Truss v. Birmingham, LaGrange & Macon Railroad
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. W. W. 'WilkersON. On the 14th day of December, 1888, the appellant, J. D. Truss, recovered a judgment before a justice oí the peace of Jefferson county, against the Birmingham, LaGrange & Macon Bailroad Company, a corporation, for the sum of ninety dollars, and the costs of suit. Writs of garnishment issued upon this judgment were served upon Joseph E. Johnston and E. W. Bucker.
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Appeal from the City Court of Birmingham. Tried before the Hon. W. W. 'WilkersON. On the 14th day of December, 1888, the appellant, J. D. Truss, recovered a judgment before a justice oí the peace of Jefferson county, against the Birmingham, LaGrange & Macon Bailroad Company, a corporation, for the sum of ninety dollars, and the costs of suit. Writs of garnishment issued upon this judgment were served upon Joseph E. Johnston and E. W. Bucker. The justice of the peace rendered judgment against them as garnishees. Erom this judgment’they appealed to the City Court of Birmingham. On September…
1Opinion of the CourtTHOIvINGTON, J.
Tbe appeal in tlxis case is taken from an order of the City Court of Birmingham setting-aside a judgment by default against appellees. The motion to set aside the judgment by default was based on grounds which questioned the legality of the judgment, and also on the ground that appellees’ counsel was prevented by sickness from giving attention to the case. The City Court granted the motion, Basing its order in express terms on the grounds first above mentioned, and appellant, plaintiff in the court below, reserved an exception to the ruling of the court by a bill of exceptions duly signed.…
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