Butler Cotton Oil Co. v. Brooks
Supreme Court of Alabama
Appeal from Circuit Court, Marshall County; W. W. Haralson, Judge. Action by J. W. Brooks against the Butler Cotton. Oil Company for penalty for a failure to satisfy the record upon payment of a mortgage. Judgment for plaintiff, and the defendant appeals.
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Appeal from Circuit Court, Marshall County; W. W. Haralson, Judge. Action by J. W. Brooks against the Butler Cotton. Oil Company for penalty for a failure to satisfy the record upon payment of a mortgage. Judgment for plaintiff, and the defendant appeals. Transferred from the Court of Appeals under section 6, Acts 1911, p. 449. The summons read: You are hereby commanded to summons Butler Cotton Oil Company, successor to ButlerKyser Oil & Fertilizer Company, to appear at Albertville, Alabama, and plead, answer, or demur, -within 30 days from the service hereof, to complaint of J. W. Brooks.…
1Opinion of the CourtThomas, J.
The suit is to recover the statutory penalty provided for failure to satisfy on the records, after payment and written demand, a mortgage given to defendant’s predecessor in title. Code, § 489S; Drennen Motorcar Co. v. Evans, 192 Ala. 150, 68 South. 303.
[1, 2] In determining who are parties to a suit the summons is to be looked to in connection with the complaint, since both are ' served upon the defendant at the same time. Lusk v. Britton, 198 Ala. 245, 73 South. 492. The reporter of decisions will set out the count as last amended. When the summons is considered with the complaint, it is…
2Cases cited21 opinions
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