Baggett v. Alabama Chemical Co.
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. The Alabama Chemical Company obtained a judgment by confession against W. A. Baggett, and he entered a motion to set aside such judgment. From a judgment overruling this motion, he appeals.
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Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. The Alabama Chemical Company obtained a judgment by confession against W. A. Baggett, and he entered a motion to set aside such judgment. From a judgment overruling this motion, he appeals. All civil actions must be commenced by service of summons. — Secs. 5296-7, Code 1907. While the note authorizes a confession of judgment by an attorney, it nowhere confers upon him the right to accept service of the summons and complaint. —23 Cyc. 705; sec. 4296, Code 1907. The appearance to set aside the judgment gave the court jurisdiction…
1Opinion of the CourtTyson, C. J.
This appeal is from a judgment overruling a motion to set aside a judgment upon a confession. The grounds of the motion relied on are two: First, that defendant was not served with a copy of the complaint, and therefore the judgment was rendered without notice; and, second, that he had paid the debt before the action was commenced.
*639The motion was made during the term of the court at which the judgment was rendered. On the hearing, upon the introduction of the note, which contained the authorization for an appearance and confession of judgment upon it, and the testimony pro and con as to…
2Cases cited6 opinions
- Ledbetter & Co. v. VintonSupreme Court of Alabama · 1895
- Truss v. Birmingham, LaGrange & Macon RailroadSupreme Court of Alabama · 1892
- Haygood v. TaitSupreme Court of Alabama · 1899
- Wells v. American Mortgage Co.Supreme Court of Alabama · 1898
- Mobile Light & Railroad v. HansenSupreme Court of Alabama · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ex Parte GaySupreme Court of Alabama · 1924
- Sovereign Camp v. GaySupreme Court of Alabama · 1924
- Chandler v. HardemanAlabama Court of Appeals · 1915
- Cocke v. TruslowCourt of Appeals of Georgia · 1955
- Thomas v. Winter Const. Co.Alabama Court of Appeals · 1930
3 more not listed; retrieve them via the Exa API.