Haygood v. Tait
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before the Hon. John Moore. Tlie appeal in this case is from a judgment of the circuit court overruling a motion for a new trial. Charles E. Tait, the appellee, commenced an action of attachment against the appellee, Lewis Haygood, in a justice of-the peace court. From a judgment rendered by the justice in favor of the plaintiff, the «defendant took an appeal to the circuit court.
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Appeal from the Circuit Court of Wilcox. Tried before the Hon. John Moore. Tlie appeal in this case is from a judgment of the circuit court overruling a motion for a new trial. Charles E. Tait, the appellee, commenced an action of attachment against the appellee, Lewis Haygood, in a justice of-the peace court. From a judgment rendered by the justice in favor of the plaintiff, the «defendant took an appeal to the circuit court. In the circuit court •a judgment by default was rendered against the defendant. Thereupon the defendant made a motion for a a new trial, upon grounds, first, that the…
1Opinion of the CourtMcCLELLAN, C. J.
No appeal lies to this court from an order of the circuit court denying and overruling a motion to set aside a- judgment by default and to .grant a new trial, and error cannot be assigned upon such action.—Truss v. B. L. & M. R. R. Co., 96 Ala. 316; Ledbetter & Co. et al., v. Vinton, 108 Ala. 644. Assignments of error numbered from 1 to 5 inclusive, will, therefore, be disregarded.
The court, however, committeed reversible error in Tendering judgment by default against the defendant before any complaint bad been filed in the cause by the plaintiff.—Code, §§ 561, 572; Steelman v. Owen, 8 Port.…
2Cases cited9 opinions
- Ledbetter & Co. v. VintonSupreme Court of Alabama · 1895
- Elmore v. Simon & Bro.Supreme Court of Alabama · 1880
- Truss v. Birmingham, LaGrange & Macon RailroadSupreme Court of Alabama · 1892
- Arundale v. MooreSupreme Court of Alabama · 1868
- Heyman v. McBurneySupreme Court of Alabama · 1880
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