Oxford Iron Co. v. Spradley
Supreme Court of Alabama
Appeal from Circuit Court of Calhoun. Tried before the Hon. John Henderson. This suit was brought by the appellee against the appellant, and was commenced on the 16th of January, 1866, by summons and complaint.
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Appeal from Circuit Court of Calhoun. Tried before the Hon. John Henderson. This suit was brought by the appellee against the appellant, and was commenced on the 16th of January, 1866, by summons and complaint. The sheriff’s return on said summons and complaint was in these words : “ Came to hand same day issued; executed by delivering a copy to Genatus Boberson, managing agent for the defendant, this 17th day of January, 1866.” The following is a portion of the judgment entry made in the cause in the court below. “ This day came the plaintiff by his attorney, and the defendant being solemnly…
1Opinion of the CourtByed, J.
This case must be reversed upon the authority of the following decisions of this court. — Planters’ & Merchants Bank of Huntsville v. Walker, Minor 391; Lyon et als. v. Lorant & Krebs, Adm'rs, 3 Ala. 151; Wetumpka & Coosa R. R. v. Cole, 6 ib. 655.
We are satisfied that a mere recital in the judgment-entry of the return of the sheriff does not relieve this case from the influence of the decisions cited. Such a recital is not equivalent to a judicial ascertainment of the facts necessary to sustain the judgment by default. It does not appear by the record that the appellant had an appearance…
2Cases cited1 opinion
- Lyon v. LorantSupreme Court of Alabama · 1841
3Cited by9 opinions
- Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
- G., H. & S. A. R'y Co. v. GageTexas Supreme Court · 1884
- American Bonding Co. v. New York & Mexican Whiting Co.Alabama Court of Appeals · 1914
- H. H. Hitt Lumber Co. v. TurnerSupreme Court of Alabama · 1914
- Washington County v. PorterSupreme Court of Alabama · 1900
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