Colley v. Spivey
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This 'was an action of assumpsit brought hy the appellee against the appellant; and counted upon the common counts for .work 'and labor done and for money loaned.
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Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This 'was an action of assumpsit brought hy the appellee against the appellant; and counted upon the common counts for .work 'and labor done and for money loaned. The plaintiff recovered a judgment against the defendant, which judgment was obtained by default with a writ of inquiry. .The facts of the case are sufficiently stated in the opinion. cited 0 wings v. Binforcl, 80 Ala. 421; Gostloy v. Driver, 45 Ala. 230; Jennings v. Pearce, 99 Ala. 303; Melvin v. Glark, 45 Ala. 285; Wilson v. Owen, 45 Ala. 451; Wind-ham…
1Opinion of the CourtDowdell, J.
After judgment by default against the appellant in tlie court below, lie made a motion to set it aside on tlie ground that lie had not been served by the sheriff with a copy of the summons and complaint. The return of tlie sheriff endorsed upon the summons and complaint Avas as follows: “Executed by serving a copy on the Avithin named defendant, except as stated beloAV. Sept. 27th, 1898.” Signed, “S. M. Reeves, sheriff of Pike Oo., Ala.” Nothing appears “as stated beloAV,” but the official signature of the sheriff. This Avas a sufficient return by the officer showing an execution of the writ.…
2Cases cited3 opinions
- Ledbetter & Co. v. VintonSupreme Court of Alabama · 1895
- Allen v. Lathrop-Hatton Lumber Co.Supreme Court of Alabama · 1890
- Truss v. Birmingham, LaGrange & Macon RailroadSupreme Court of Alabama · 1892
3Cited by10 opinions
- Ingalls Shipbuilding Corporation v. CahelaSupreme Court of Alabama · 1948
- Ex Parte GaySupreme Court of Alabama · 1924
- Ex parte ParkerSupreme Court of Alabama · 1911
- Ex Parte State Ex Rel. Atlas Auto Finance Co.Supreme Court of Alabama · 1948
- Robinson Co. v. BeckSupreme Court of Alabama · 1954
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