Supreme Court of Alabama, 1908

Cook v. Phonharp Co.

Cook v. Phonharp Co.
Supreme Court of Alabama · Decided December 17, 1908 · Anderson, Dowdell, McClellan, Tyson
157 Ala. 501; 47 So. 1035; 1908 Ala. LEXIS 230

Cook v. Phonharp Co.

Opinion of the Court

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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