Manhattan Fire Insurance v. Fowler & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. The record does not show the name of the presiding judge. This action was brought by J. A. Eowler & Co., suing as partners, against the Manhattan Eire Insurance Company, “ a foreign corporation doing business in this State; ” and was founded on a policy of insurance against fire, effected on a stock of goods which, as the complaint alleged, were destroyed by fire while the policy was in force.
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Appeal from the Circuit Court of Jefferson. The record does not show the name of the presiding judge. This action was brought by J. A. Eowler & Co., suing as partners, against the Manhattan Eire Insurance Company, “ a foreign corporation doing business in this State; ” and was founded on a policy of insurance against fire, effected on a stock of goods which, as the complaint alleged, were destroyed by fire while the policy was in force. At the time of suing out the summons and complaint, the plaintiffs made affidavit that the defendant “is a body corporate, and that the president, or other…
1Opinion of the Court
SOMERYILLE, J
— The judgment in this canse must be reversed. It is a judgment by default against a defendant corporation, and there is no sufficient proof of the fact that the person upon whom the summons and complaint were served was an agent, or occupied such other relation towards the defendant as to justify service upon him under the statute. The mere return of the sheriff is insufficient. The record must show that the fact vt&s proved to the satisfaction of the court. Southern Express Co. v. Carroll, 42 Ala. 437 ; Oxford Ins. Co. v. Spradley, Ib. 24 ; Code, 1876, §§ 234-35.
The action is,…
2Cases cited4 opinions
- Connoly v. Ala. & Tenn. Rivers RailroadSupreme Court of Alabama · 1856
- Warwick v. BrooksSupreme Court of Alabama · 1880
- Porter v. Burleson & DavisSupreme Court of Alabama · 1862
- Southern Express Co. v. CarrollSupreme Court of Alabama · 1868
3Cited by16 opinions
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
- Prudential Casualty Co. v. KerrSupreme Court of Alabama · 1918
- Florida Nursery & Trading Co. v. WatsonSupreme Court of Alabama · 1917
- Boyett v. Frankfort Chair Co.Supreme Court of Alabama · 1907
- Home Protection v. Caldwell Bros.Supreme Court of Alabama · 1888
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