Hoffman v. Alabama Distillery & Feeding Co.

• Decision Date: 08 February 1900
• Citation: 124 Ala. 542,27 So. 485
• Parties: HOFFMAN ET AL. v. ALABAMA DISTILLERY & FEEDING CO.
• Court: Alabama Supreme Court

27 So. 485

124 Ala. 542

HOFFMAN ET AL. v. ALABAMA DISTILLERY & FEEDING CO.

Supreme Court of Alabama

February 8, 1900

Appeal from city court of Birmingham. William W. Wilkerson, Judge.

Certiorari on the relation of the Alabama Distillery & Feeding Company to correct a judgment of a justice against relator and in favor of Hoffman, Ahlers & Co. entered on default. From a judgment of the city court of Birmingham quashing the judgment, respondents appeal. Affirmed.

Brown &amp Murphy, for appellants.

HARALSON J.

Common-law writ of certiorari from the judge of the city court of Birmingham, to correct alleged errors apparent, in the rendition of a judgment by a justice of the peace. On final hearing the court granted the prayer of the writ and quashed the judgment that had been rendered.

The suit was by the appellants, Hoffman, Ahlers & Co. plaintiffs, against the appellee, Alabama Distillery & Feeding Company, a corporation, defendant, and was on a promissory note by the company to plaintiff, on which judgment by default was rendered by the justice for $82.62 and costs, on February 11, 1899. The writ was presented to the judge, and was duly issued on the 17th of that month. The grounds presented for the writ and for quashing the judgment were (1) that the judgment by default failed to recite the fact of proof, that the person upon whom the service of the summons was had was an officer of the corporation, who was authorized, under the statute, to receive service of process; (2) that the judgment being by default against a corporation was improper and erroneous, in that it failed to recite that proof of service on a proper officer of the corporation was made, upon which to found the judgment; and (3) that judgment by default was rendered without proof of service upon a proper officer of the corporation.

The service made by the constable was in the following words "Executed the within by personal service on Jule L. Lockwood, president, this 8th day of Feb., 1899." The word "president," following the name of Lockwood in the service, was mere descriptio personæ, and the service was upon him individually. Lucas v. Pittman, 94 Ala. 616, 10 So. 603; Lowery v. Daniel, 98 Ala. 451, 13 So. 527. To authorize the rendition of judgment by default against a corporation, the record must show that proof was made to the court that the person on whom the process was served was, at the time of the service, such an...