Cook v. Phonharp Co.

Supreme Court of Alabama

Cook v. Phonharp Co.

47 So. 1035, 157 Ala. 501, 1908 Ala. LEXIS 230

CourtSupreme Court of Alabama

DecidedDecember 17, 1908

StatusPublished

Cited by1 cases

This text of 47 So. 1035 (Cook v. Phonharp Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cook v. Phonharp Co., 47 So. 1035, 157 Ala. 501, 1908 Ala. LEXIS 230 (Ala. 1908).

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Opinion

DOWDELL, J.

— The record fails to show any service of the summons and complaint on the defendant as the law requires. The trial court committed error in rendering judgment by default against the defendant without service. — Shapard v. Lightfoot, 56 Ala. 506; Shapard v. Lewis, 59 Ala. 606. This is the only question presented. For the error indicated, the judgment is reversed.

Reversed and remanded.

Tyson, C. J., and Anderson and McClellan, JJ., concur.

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DOWDELL, J.

— The record fails to show any service of the summons and complaint on the defendant as the law requires. The trial court committed error in rendering judgment by default against the defendant without service. — Shapard v. Lightfoot, 56 Ala. 506; Shapard v. Lewis, 59 Ala. 606. This is the only question presented. For the error indicated, the judgment is reversed.

Reversed and remanded.

Tyson, C. J., and Anderson and McClellan, JJ., concur.

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Bluebook (online)

47 So. 1035, 157 Ala. 501, 1908 Ala. LEXIS 230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-phonharp-co-ala-1908.

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