Southern Timber & Investment Co. v. Creagh
Supreme Court of Alabama
Appeal from Clarice Circuit Court. Heard before Hon. John T. Lackland. Action by P. M. Creagh against the Southern Timber & Investment Company, a foreign corporation. From a default judgment for plaintiff, defendant appeals. The action was begun by attachment, the affidavit for Avhich discloses the fact that the defendant Avas a foreign corporation. The attachment was levied on a bay horse and certain other property described therein.
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Appeal from Clarice Circuit Court. Heard before Hon. John T. Lackland. Action by P. M. Creagh against the Southern Timber & Investment Company, a foreign corporation. From a default judgment for plaintiff, defendant appeals. The action was begun by attachment, the affidavit for Avhich discloses the fact that the defendant Avas a foreign corporation. The attachment was levied on a bay horse and certain other property described therein. Nonresident notice Avas given by publication for four successive weeks, beginning June 4, 1906. There Avas no appearance for defendant, and no pleas filed. The…
1Opinion of the CourtTyson, C. J.
There are two reasons why the judgment appealed from must be reversed:
The first is: It is shown by the record that the judgment is against a non-resident, without appearance or plea by defendant, and it is not shown that proof was made to the court of facts requisite to constitute notice by publication, as required by section 531, Code 1896.— Diston v. Hood, 83 Ala. 331, 3 South. 746; Trammell v. Guy, 151 Ala. 311, 44 South. 37; Southern Timber & Investment Co. v. Frank Poe, 153 Ala. 595, 45 South. 205.
The second is: The judgment is in personam, instead of in rem. When the service is not…
2Cases cited5 opinions
- Diston & Sons v. HoodSupreme Court of Alabama · 1887
- DeArman v. MasseySupreme Court of Alabama · 1907
- Harrist v. HarristSupreme Court of Alabama · 1907
- Trammell v. GuySupreme Court of Alabama · 1907
- Southern Timber & Investment Co. v. PoeSupreme Court of Alabama · 1907
3Cited by2 opinions
- Wheeler v. StricklandSupreme Court of Alabama · 1912
- Southern Timber & Investment Co. v. GordonSupreme Court of Alabama · 1908