Woosley v. Memphis & Charleston Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. Thoma? A. Walker. This action was brought by the appellee, to recover of William Woosley, the appellant, the amount of his unpaid subscription to the capital stock of said railroad company.
Read the full summary
Appeal from the Circuit Court of Jackson. Tried before the Hon. Thoma? A. Walker. This action was brought by the appellee, to recover of William Woosley, the appellant, the amount of his unpaid subscription to the capital stock of said railroad company. The summons was issued on the 5th September, Í854, and was returnable to the ensuing September term of the court; but the summons was not executéd twenty days before the return day, and the cause therefore stood for trial at the next term. At the March term, 1855, a judgment by default was rendered against the defendant, who was present by his…
1Opinion of the CourtWalker, J.
We think the fair construction of this bill of exceptions is, that the judgment by default was predicated upon the facts set forth in the bill of exceptions; and it has been so treated in the argument of counsel. At the time when the judgment by default was rendered, the defendant’s pleas were on file, and he was in court, by his attorneys, opposing it; and the judgment was therefore erroneous, unless it was authorized by our statute and rules of practice.
Sections 2258, 2259, and 2260 of the Code prescribe the time within which the defendant is required to plead. The rules of practice contain…
2Cases cited1 opinion
- Curry v. Bank of MobileSupreme Court of Alabama · 1839
3Cited by8 opinions
- Craig & Co. v. Pierson L. Co.Supreme Court of Alabama · 1913
- United States Rolling Stock Co. v. WeirSupreme Court of Alabama · 1892
- Bertagnolli Bros. v. BertagnolliWyoming Supreme Court · 1915
- Ex Parte AndersonSupreme Court of Alabama · 1941
- Rhodes v. McFarlandSupreme Court of Alabama · 1869
3 more not listed; retrieve them via the Exa API.