Connoly v. Ala. & Tenn. Rivers Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. C. W. Rapier. This was a summary proceeding, by notice and motion, against a delinquent stockholder in a railroad company, for unpaid calls for stock ; and was instituted under the 9th section of the act incorporating the Alabama and Tennessee Rivers Railroad Company. — Session Acts 1847-8, p. 267. Final judgment by default, without the intervention of a jury, was rendered, reciting that service of process was…
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Appeal from the Circuit Court of Dallas. Tried before the Hon. C. W. Rapier. This was a summary proceeding, by notice and motion, against a delinquent stockholder in a railroad company, for unpaid calls for stock ; and was instituted under the 9th section of the act incorporating the Alabama and Tennessee Rivers Railroad Company. — Session Acts 1847-8, p. 267. Final judgment by default, without the intervention of a jury, was rendered, reciting that service of process was proved. The notice is set out in the transcript, but it is not referred to in the judgment entry, nor is it otherwise made…
1Opinion of the CourtStone, J.
1. In summary proceedings, such as this, to sustain a judgment by default, the record must affirmatively show the existence of every material fact to give the court jurisdiction, and to sustain its judgment. The notice, though copied into the record, cannot be looked to, unless it is made part of the record by proper reference. These principles have been so often asserted by this court, that a citation of authorities would seem almost a work of supererogation.— *374Logwood v. Bank of Huntsville, Minor, 23 ; Lyon v. State Bank, 1 Stew. 466-7 ; Parsons v. Lee & Norton, 8 Porter. 126; Bates v. Pl. &…
2Cases cited6 opinions
- Lyon v. State BankSupreme Court of Alabama · 1828
- Smith v. Branch Bank at MobileSupreme Court of Alabama · 1843
- Andrews' Adm'r v. Branch Bank at MobileSupreme Court of Alabama · 1846
- Bondurant v. WoodsSupreme Court of Alabama · 1840
- Jemison v. Plant. & Mer. BankSupreme Court of Alabama · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Burke v. Inter-State Savings & Loan Ass'nMontana Supreme Court · 1901
- McDowell v. JonesSupreme Court of Alabama · 1877
- Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
- State Tax-Law CasesMichigan Supreme Court · 1884
- Waters v. CommonwealthCourt of Appeals of Kentucky · 1916
13 more not listed; retrieve them via the Exa API.