Henderson v. Mills
Alabama Court of Appeals
Assumpsit. Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Je. Assumpsit by the Jackson 'Woolen Mills against H. C. Henderson. Judgment for plaintiff by default and plaintiff appeals.
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Assumpsit. Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Je. Assumpsit by the Jackson 'Woolen Mills against H. C. Henderson. Judgment for plaintiff by default and plaintiff appeals. While courts take judicial knoAvledge of officers commissioned by the state, they do not take judicial knowledge of deputy sheriffs. — Russell v. Huntsville Go., 13T Ala. 631; Ryan v. Young, 147 Ala. 669; Land v. Patterson, Minor 14; 7 Enc. of Evi. 980. The summons then,, does not appear to have been served by one having authority. — Slaughter v. Barnes, 13 Am. D.ec. 190; 16 Oyc. 914. There…
1Opinion of the CourtWalker, P. J.
It is urged in behalf of the appellant that the récord fails to show that the court had acquired jurisdiction of the defendant’s person so as to be entitled to render the judgment by default against him from which the appeal is prosecuted. The claim is that the indorsements found on the summons and complaint, showing that the sheriff deputized Ed Doyal to execute the writ, and a return, purporting to show service, signed in the name of the sheriff “by J. E. Doyal, Deputy Sheriff,” do not, in the absence of proof of the fact that Ed Doyal and J. E. Doyal were one *201and tbe same person and that…
2Cases cited2 opinions
- Talladega Insurance v. WoodwardSupreme Court of Alabama · 1870
- Earbee v. WareSupreme Court of Alabama · 1839
3Cited by1 opinion
- Cain, Wolcott Rankin v. Firemen's Fund Ins. Co.Supreme Court of Alabama · 1932