Baker v. Sparks
Supreme Court of Alabama
Appeal from Circuit Court, Marshall County; W. W. Haralson, Judge. Suit by James W. Baker, trustee, against James L. Sparks and others. Judgment for plaintiff against named defendant and in favor of other defendants, and plaintiff appeals.
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Appeal from Circuit Court, Marshall County; W. W. Haralson, Judge. Suit by James W. Baker, trustee, against James L. Sparks and others. Judgment for plaintiff against named defendant and in favor of other defendants, and plaintiff appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. Suit by appellant, as assignee of the plaintiff in execution, against the sheriff, J. L. Sparks, and his bondsmen on his official bond, for failing and refusing to pay to plaintiff the proceeds of the sale of property levied upon under said execution. The cause went to trial upon the…
1Opinion of the CourtGardner, J.
[i] It does not appear anywhere in the record of the judgment obtained by the Line Creek Coal & Cpke Company against the Sand Mountain Electric Company, a corporation, which judgment was rendered by default, that proof was made that the person on whom service was had was an officer or agent of the defendant corporation. Under the uniform decisions of this court, therefore, the judgment was void. Hitt Lumber Co. v. Turner, 187 Ala. 56, 65 South. 807, and authorities there cited. It is to be noted that the judgment was rendered and all proceedings were had long prior to the act' of September…
2Cases cited11 opinions
- Brown v. StateSupreme Court of Alabama · 1895
- Boring v. WilliamsSupreme Court of Alabama · 1850
- Ferguson v. StarkeySupreme Court of Alabama · 1915
- Spear v. StateSupreme Court of Alabama · 1898
- H. H. Hitt Lumber Co. v. TurnerSupreme Court of Alabama · 1914
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Phillips v. MorrowSupreme Court of Alabama · 1924
- Walker v. GrahamSupreme Court of Alabama · 1934
- A. B. C. Truck Lines, Inc. v. KenemerSupreme Court of Alabama · 1946