Winnemore v. Mathews
Cases that cite this one
6 later published cases cite this decision.
- Griffin v. Fowler (Ala. Ct. App. 1919)
- National Union v. Keefe (Ill. App. Ct. 1912)
- Linam v. Jones (Ala. 1901)
- Louisville & Nashville Railroad v. Williams (Ala. 1896)
- In re Estate of James (Cal. 1893)
- Sheppard v. Powers & Bros. (Ala. 1874)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The summons was not signed by the clerk, and the judgment was by default. The summons must be signed by-the clerk, and it is his signature which gives it validity. — -Rev. Code, §§ 2559, 2560; Stone v. Harris, Minor’s Rep. 32; Browder v. Gaston & Wellborn, 30 Ala. 677; Costley v. Driver, present term.
The complaint does not contain a substantial cause of action. By the omission to state who did the work, the plaintiff might recover money to which he had no claim whatever, and another is entitled.
The judgment is reversed, and the cause remanded.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.