Finney v. Gilder
Supreme Court of Alabama
Appeal from Chambers Circuit Court. The record fails to disclose the' name of the presiding judge in the circuit court. Assumpsit by the appellee against the appellant. The facts are stated in the opinion.
1Opinion of the CourtSomeryille, J.
— The judgment rendered was erroneous and must be reversed. It was a judgment by default, and there was only an achnowledgment of service of process indorsed on the summons and complaint. This did not, under the long settled practice in this State, authorize the rendition *197of such a judgment without proof, or admission of the fact of service, appearing of record. ' The record here fails to show that the acknowledgment or signature was proved, or admitted in court to be genuine. — O'Neal v. Garrett, 3 Ala. 276; 1 Brick. Dig. 138, § 99; Harris v. Martin, 39 Ala. 556.
Beversed and remanded.
2Cases cited2 opinions
- Harris v. MartinSupreme Court of Alabama · 1865
- O'Neal v. GarrettSupreme Court of Alabama · 1842