Spurlin Mercantile Co. v. Lauchheimer & Sons
Supreme Court of Alabama
Appeal from Andalusia City Court. Heard before Hon. B. H. Lewis. Assumpsit by M. H. Laucheimer & Sons against the Spurlin Mercantile Company. There was a default judgment for plaintiffs, and defendant appeals. ..
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Appeal from Andalusia City Court. Heard before Hon. B. H. Lewis. Assumpsit by M. H. Laucheimer & Sons against the Spurlin Mercantile Company. There was a default judgment for plaintiffs, and defendant appeals. .. The summons and the complaint were issued to and filed against the Spurlin Mercantile Company, a corporation, and the judgment was by default; the judgment entry being as follows: “Come the plaintiffs,, in person and by attorney, and, the defendant being called, came, not, but made default; and upon motion of the plaintiffs it is considered and adjudged that the plaintiffs have…
1Opinion of the CourtAnderson, J.
It has been often held by this court that, to maintain a judgment by default against a corporation, the record or judgment entry must recite the fact that proof was made to the court that the person on whom process was served was at the time of service such an officer or agent of the defendant as by law, was authorized to receive service of process for and in behalf of the defendant. — Southern Home Co. v. Gillespie, 121 Ala. 295, 25 South. 564, and cases cited. The judgment entry discloses no such fact in the case at bar, nor does it appear elsewhere in the record. Yet the defendant is sued…
2Cases cited1 opinion
- Southern Home B. & L. Ass'n v. GillespieSupreme Court of Alabama · 1898
3Cited by2 opinions
- New York Life Ins. Co. v. MasonSupreme Court of Alabama · 1938
- Ex Parte GaySupreme Court of Alabama · 1925