American Bonding Co. v. New York & Mexican Whiting Co.
Alabama Court of Appeals
Appeal from Mobile Law and Equity Court. Heard before Hon. Saeeold Bebney. ■Action by the New York & Mexican Whiting Company against the Mobile Towing & Wrecking Company, and O. B. Lyons, and the American Bonding Company of Baltimore City. Judgment by default, and Lyons and the Bonding Company appeal.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saeeold Bebney. ■Action by the New York & Mexican Whiting Company against the Mobile Towing & Wrecking Company, and O. B. Lyons, and the American Bonding Company of Baltimore City. Judgment by default, and Lyons and the Bonding Company appeal. The action is for damages to a certain loading platform belonging to plaintiff by striking it with a vessel, which was berthed at Mobile, Ala., between two certain piers or wharves, and that the Mobile Towing & Wrecking Company furnished the tug and crew which shifted the vessel from its said…
1Opinion of the CourtBrown, J.
On appeal in a civil action, to- sustain the jurisdiction of a trial court to- render a personal judgment, two things are essential: (1) The court must have acquired jurisdiction of the person of the *584defendant by dne service of process or by general appearance; (2) the complaint must state a substantial cause of action conferring on the court jurisdiction of the subject-matter, and the judgment must be responsive to the complaint. — Sweeney v. Tritsch, 151 Ala. 242, 44 South. 184; Kirkland v. Pilcher, 174 Ala. 170, 57 South. 46.
This appeal is prosecuted by the American Bonding Company of…
2Cases cited32 opinions
- Sweeney v. TritschSupreme Court of Alabama · 1907
- Montgomery v. State ex rel. EnslenSupreme Court of Alabama · 1894
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1898
- Mobile County v. WilliamsSupreme Court of Alabama · 1913
27 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Prudential Casualty Co. v. KerrSupreme Court of Alabama · 1918
- Lacey v. StateAlabama Court of Appeals · 1915
- Federal Automobile Ins. Ass'n v. MeyersSupreme Court of Alabama · 1928
- Dothan Chero-Cola Bottling Co. v. WeeksAlabama Court of Appeals · 1918
- Hall v. First BankSupreme Court of Alabama · 1916
7 more not listed; retrieve them via the Exa API.