Spurlin Mercantile Co. v. M.H. Laucheimer & Sons
| Decision Date | 11 February 1909 |
| Citation | 159 Ala. 512,48 So. 812 |
| Parties | SPURLIN MERCANTILE CO. v. M. H. LAUCHEIMER & SONS. |
| Court | Alabama Supreme Court |
Appeal from City Court of Andalusia; B. H. Lewis, Judge.
Assumpsit by M. H. Laucheimer & Sons against the Spurlin Mercantile Company. There was a default judgment for plaintiffs, and defendant appeals. Reversed.
The summons and the complaint were issued to and filed against the Spurlin Mercantile Company, a corporation, and the judgment was by default; the judgment entry being as follows: "Come the plaintiffs, in person and by attorney, and, the defendant being called, came not, but made default; and upon motion of the plaintiffs it is considered and adjudged that the plaintiffs have judgment against the defendant for the amount of their damages; and, the amount of the damages being certain, it is thereupon considered and adjudged by the court that the plaintiffs have and recover of the defendant the sum of $71.25, and the costs of this suit, for which let execution issue."
Parks & Rankin, for appellant.
S. H. Gillis, for appellees.
It has been often held by this court that, to maintain a judgment by default against a corporation, the record or judgment entry must recite the fact that proof was made to the court that the person on whom process was served was at the time of service such an officer or agent of the defendant as by law, was authorized to receive service of process for and in behalf of the defendant. Southern Home Co. v. Gillespie, 121 Ala. 295, 25 So. 564, and cases cited. The judgment entry discloses no such fact in the case at bar, nor does it appear elsewhere in the record. Yet the defendant is sued as a corporation.
The judgment of the city court is reversed, and the cause is remanded.
Reversed and remanded.
To continue reading
Request your trial