Parker v. Parker
Supreme Court of Alabama
APPEAL from the Oircuit Oourt of Perry. The record does not show the name of the presiding judge. Tms action was brought by King Parker, against E. B. Parker and John H. McCall. Judgment by default was rendered against both of the defendants, though E. R. Parker only was served with process. The appeal is sued out by both of the defendauts, and errors are assigned by them jointly.
1Opinion of the Court
A. ~F. WALKER, 0. ~L-
This is a suit against two defendants. The su~mmons anct complaint were served on one, and returned not found as to the other. There was no discontinuance as to the party not served. Judgment by defai± was rendered against both. In rendering the judgment by default against the two defendants, upon one whom there was no service, the court erred.-Smith & Howell v. Winthrop, Minor, 425; Driver & Shelley v. Spence, 3 Ala. 98; Norwood & Chambers v. Riddle, 9 Porter, 425; Faver & Mount v. Briggs, 18 Ala. 478.
Reversed and remanded.
2Cases cited3 opinions
- Faver v. BriggsSupreme Court of Alabama · 1850
- Norwood v. RiddleSupreme Court of Alabama · 1839
- Driver v. SpenceSupreme Court of Alabama · 1841
3Cited by2 opinions
- Krasner v. GurleySupreme Court of Alabama · 1947
- Windham v. National Fertilizer. Co.Supreme Court of Alabama · 1892