Ex parte Scudder-Gale Grocery Co.
Supreme Court of Alabama
This was an original application filed in this court asking for the issuance of a writ of mandamus, addressed to A. A. Coleman, Judge of the Tenth Judicial Circuit, re'quiring him to enter judgment by default in favor of the petitioner. The facts of the case are sufficiently stated in the opinion.
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This was an original application filed in this court asking for the issuance of a writ of mandamus, addressed to A. A. Coleman, Judge of the Tenth Judicial Circuit, re'quiring him to enter judgment by default in favor of the petitioner. The facts of the case are sufficiently stated in the opinion. The act to regulate the practice and proceedings in civil cases in the circuit court of Jefferson county (Acts of 1888-89, p.797) gives tlie plaintiff in the suit wherein the defendant has failed for thirty days after service to appear and plead, the right to a judgment by default. The language of…
1Opinion of the CourtSharpe, J.
The application was made to this court on December 2d, 1898, and seeks the issuance of a .writ of mandamus to compel the Judge of the Tenth Judicial Circuit, holding the circuit court for the county of Jefferson, to enter a judgment by default as of the 6th day of November, 1898, in an action of detinue pending in that court, wherein the petititioner was plaintiff, upon the ground that the defendant therein being in default, the petitioner, on a day when by the rules of that court such motions could be heard, moved the court to enter a judgment by default, which motion the court refused and…
2Cases cited8 opinions
- Comer v. BankheadSupreme Court of Alabama · 1881
- State ex rel. Heirs of Walker v. Judge of the Orphans' Co.Supreme Court of Alabama · 1849
- Ex parte City CouncilSupreme Court of Alabama · 1854
- Ex parte ShaudiesSupreme Court of Alabama · 1880
- Ex Parte South & North Alabama RailroadSupreme Court of Alabama · 1870
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3Cited by18 opinions
- Knowles v. BlueSupreme Court of Alabama · 1923
- Ex Parte SchoelSupreme Court of Alabama · 1921
- Ex Parte AdamsSupreme Court of Alabama · 1927
- Ex Parte AppersonSupreme Court of Alabama · 1928
- Lee v. CunninghamSupreme Court of Alabama · 1937
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