Supreme Court of Alabama, 1868

Talladega Insurance v. McCullough

Talladega Insurance v. McCullough
Supreme Court of Alabama · Decided June 15, 1868 · Byrd
42 Ala. 667

Talladega Insurance v. McCullough

Opinion of the Court

BYRD, J.

It was erroneous to render judgment by default without mailing the proof of service of the summons and complaint in accordance with the rule laid down in the cases cited. — Bank vs. Walker, Minor, 391 ; Lyon vs. Lorant, 3 Ala. 151; Wetumpka & C. R. R. Co. vs. Cole, 6 Ala. 655; the Oxford Iron Works vs. Spradley, in manuscript.

Reversed and remanded.

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