Goodwin ex rel. Hale v. Harrison
Supreme Court of Alabama
WRIT of error to the County Court of Dallas county. Assumpsit by Goodwin, as surviving partner of Wood, deceased, on the common counts, one of which is for money lent. The defendant pleaded, in short, by consent — 1. Non-assumpsit. 2. Payment. 3. Statute of limitations. This last plea was demurred to, but the demurrer was overruled.
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WRIT of error to the County Court of Dallas county. Assumpsit by Goodwin, as surviving partner of Wood, deceased, on the common counts, one of which is for money lent. The defendant pleaded, in short, by consent — 1. Non-assumpsit. 2. Payment. 3. Statute of limitations. This last plea was demurred to, but the demurrer was overruled. Interrogatories, in the nature of a bill of discovery, under the statute, were filed, and the defendant having failed to answer them -within 60 days from their service on him, the court, on motion of the plaintiff, set aside the defendant’s pleas, and ordered a…
1Opinion of the CourtGoldtpiwaite, J.
1. The plaintiff’s first exception questions the power of the county court to set aside the default entered in this case, in consequence of the failure of the defendant to answer interrogatories filed under the statute. The act provides, that when the party fails to answer for sixty days after service, or answers evasively, the court may attach the party, and compel him to answer in open court; or may continue the cause; and require more direct and explicit answers; or, if the party be the defendant, it may set aside his plea or pleas, and give judgment against him, as by default. [Clay’s…
2Cases cited1 opinion
- Stone v. BibbSupreme Court of Alabama · 1841
3Cited by17 opinions
- McCamant v. BatsellTexas Supreme Court · 1883
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Russell v. BushSupreme Court of Alabama · 1916
- Denson v. Kirkpatrick Drilling Co.Supreme Court of Alabama · 1932
- Ex parte ParkerSupreme Court of Alabama · 1911
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