Green v. Jones
| Citation | 14 So. 630,102 Ala. 303 |
| Parties | GREEN v. JONES. |
| Decision Date | 18 January 1894 |
| Court | Supreme Court of Alabama |
Appeal from circuit court, Russell county; J. M. Carmichael, Chancellor.
Action by Rufus Jones, as surviving partner of the firm of Jones Bros., against Cherry Green. Judgment for plaintiff. Defendant appeals. Reversed.
L. W. Martin, for appellant.
This action is prosecuted by Rufus Jones, as surviving partner of the firm of Jones Bros. The complaint is in debt, on an open account. Defendant, Green, interposed the following plea: "*** And now comes the defendant, and, for plea and answer to the plaintiff's cause of action, says that she is not intended to the plaintiff in the form and manner complained of, nor is she indebted to the plaintiff in any amount, and of this she puts herself upon the country." This plea was filed October 8, 1892. On October 20, 1892, the cause was continued by consent. On April 25, 1893, a judgment by default was rendered against the defendant in favor of Jones Bros., with writ of inquiry. The defendant having interposed her plea, it was manifestly erroneous to enter judgment by default against her. Grigg v. Gilmer, 54 Ala. 425.
The judgment was also irregular, in that it was entered in favor of Jones Bros., the suit being in the name of Rufus Jones alone, as surviving partner of the late firm of Jones Bros. Reversed and remanded.
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...the court commits error to reversal if it renders a judgment by default or nil dicit. McCoy v. Harrell, 40 Ala. 232; Green v. Jones, 102 Ala. 303, 14 So. 630; Clements v. Mayfield Woolen Mills, 128 Ala. 332, 29 So. 10. 'But if defendant interposes only an affirmative defense by way of confe......
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...... reversal if it renders a judgment by default or nil dicit. McCoy v. Harrell, 40 Ala. 232; Green v. Jones, 102 Ala. 303, 14 So. 630; Clements v. Mayfield Woolen Mills, 128 Ala. 332, 29 So. 10. . . But if. defendant interposes only ......
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