Lyon v. Lorant
Supreme Court of Alabama
Error to the Chancery Court at Mobile. THIS was a bill in chancery, filed by the defendants in error, against James G. Lyon, Samuel H. Garrow, and the May- or and Aldermen of the city of Mobile, praying the foreclosure of a mortgage. The sheriff returned on the subpoena, that he had served it on Lyon & Garrow and H. Chamberlaine, Esq.
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Error to the Chancery Court at Mobile. THIS was a bill in chancery, filed by the defendants in error, against James G. Lyon, Samuel H. Garrow, and the May- or and Aldermen of the city of Mobile, praying the foreclosure of a mortgage. The sheriff returned on the subpoena, that he had served it on Lyon & Garrow and H. Chamberlaine, Esq. Mayor, for the Mayor and Aldermen of the city of Mobile.— The defendants failing to appear, a judgment pro confesso, was entered, and upon the report of the master, a decree of foreclosure, and sale of the premises was- decreed. From which tiie defendants…
1Opinion of the CourtOrmond, J.
The objection to the decree is, that it is founded on a decree pro confesso, for a failure to answer the bill, and that there is no evidence in the record, that the Mayor and Aldermen of the city of Mobile, who are parties to the bill, and against whom there is a decree, had notice of the proceeding by service of subpoena. The only evidence that they ■were so served with subpoena, is the return of the sheriff that it was executed by leaving a copy of the bill with H. Cham-berlaine, Esq. Mayor, for the Mayor and Aldermen of the city of Mobile.
In the case of Walker v. Hallett, 1 Ala. Rep. N. S.…
2Cited by10 opinions
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
- Boyett v. Frankfort Chair Co.Supreme Court of Alabama · 1907
- American Bonding Co. v. New York & Mexican Whiting Co.Alabama Court of Appeals · 1914
- Oxford Iron Co. v. QuinchettSupreme Court of Alabama · 1870
- Oxford Iron Co. v. SpradleySupreme Court of Alabama · 1868
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