Finney v. Gilder

Supreme Court of Alabama

Finney v. Gilder

73 Ala. 196

DecidedDecember 15, 1882

StatusPublished

This text of 73 Ala. 196 (Finney v. Gilder) 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

Finney v. Gilder, 73 Ala. 196 (Ala. 1882).

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Opinion

SOMERYILLE, J.

— The judgment rendered was erroneous and must be reversed. It was a judgment by default, and there was only an achnowledgment of service of process indorsed on the summons and complaint. This did not, under the long settled practice in this State, authorize the rendition [197]*197of such a judgment without proof, or admission of the fact of service, appearing of record. ' The record here fails to show that the acknowledgment or signature was proved, or admitted in court to be genuine. — O'Neal v. Garrett, 3 Ala. 276; 1 Brick. Dig. 138, § 99; Harris v. Martin, 39 Ala. 556.

Beversed and remanded.

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SOMERYILLE, J.

— The judgment rendered was erroneous and must be reversed. It was a judgment by default, and there was only an achnowledgment of service of process indorsed on the summons and complaint. This did not, under the long settled practice in this State, authorize the rendition [197]*197of such a judgment without proof, or admission of the fact of service, appearing of record. ' The record here fails to show that the acknowledgment or signature was proved, or admitted in court to be genuine. — O'Neal v. Garrett, 3 Ala. 276; 1 Brick. Dig. 138, § 99; Harris v. Martin, 39 Ala. 556.

Beversed and remanded.

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73 Ala. 196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/finney-v-gilder-ala-1882.

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