Morrow v. Norvell-Shapleigh Hdw. Co.
Supreme Court of Alabama
Detinue. Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Detinue by the Norvell-Shapleigh Hardware Company against B. W. Morrow.
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Detinue. Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Detinue by the Norvell-Shapleigh Hardware Company against B. W. Morrow. From a default judgment, defendant appeals. —Counsel insist that it does not appear from the return that service of process was had on the defendant, but appears otherwise, and hence, the court was without jurisdiction to render a default judgment. — Fowler v. Banks, 21 Ala. 679; Neighbors v. Neighbors, 2 Port. 162; Peebles v. Weir, 60 Ala. 413; Wilmercling v. Cor-bin Banking Co., 126 Ala. 268; 23 Cyc. 741; 14 Cyc. 264; Garner v. Gantt, 7 Port.…
1Opinion of the Court
McCLELLAN, j.
— Action of detinue; judgment by default; defendant appeals, complaining that the judgment is erroneous because there was no service of summons upon him and no appearance by or for him.
Detinue is a personal action, the gist of which is the wrongful detention of personal property. — 14 Cyc. 241, and notes. In order to obtain jurisdiction to proceed to a valid judgment in such cases, the orderly and usual course for the service of process — notice of the action commenced — in personal actions, must be pursued, unless the defendant waives the right. This he *333may do, of course, by an…
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