Southern Home B. & L. Ass'n v. Gillespie
Supreme Court of Alabama
Appeal from Morgan Circuit Court sitting in Equity. Heard before the Hon. H. C. Speaks. The facts are stated in the opinion. cited, Oxanna Bldg. Ass’n v. Agee, 99 Ala. 591; Lyon v. Lor ant, 3 Ala. 151; Norwood v. Riddle, 1 Ala. 195; Wetumpka &e. Go. v. Cole, 6 Ala. 655; Bo. Ex. Go. v. Garroll, 42 Ala. 437; M. & G, R. R. Go. v. Whorley, 7ft. Ala. 264; Man. Fire Ins. Go. v. Fowler, '76 Ala. 372; Independent do. Ass’n v. American do. Ass’n, 102 Ala. 475.
1Opinion of the CourtHaralson, J.
— A decree pro confesso and a final decree were rendered against the defendant corporation in the co.urt below, appellant here, on service on “C. Oollins agent for defendant,” without proof being made to the clerk and register before entering the decree pro confesso, or to the court, before rendering final decree, that said Oollins was an agent of the corporation at the time of the service. Neither the decree pro confesso, nor the final decree in the cause recited the fact that such proof had been made. We have always maintained that to authorize a judgment by default against a corporation,…
2Cases cited4 opinions
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
- Manhattan Fire Insurance v. Fowler & Co.Supreme Court of Alabama · 1884
- Norwood v. RiddleSupreme Court of Alabama · 1840
- Oxanna Building Ass'n v. AgeeSupreme Court of Alabama · 1892
3Cited by1 opinion
- Spurlin Mercantile Co. v. Lauchheimer & SonsSupreme Court of Alabama · 1909