Cook v. Phonharp Co.

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

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.