Kenedy v. T.R. Miller Mill Co.

• Decision Date: 17 April 1917
• Docket Number: 3 Div. 232
• Citation: 75 So. 191,16 Ala.App. 46
• Parties: KENEDY v. T.R. MILLER MILL CO.
• Court: Alabama Court of Appeals

75 So. 191

16 Ala.App. 46

KENEDY v. T.R. MILLER MILL CO.

3 Div. 232

Court of Appeals of Alabama

April 17, 1917

Appeal from Circuit Court, Conecuh County; A.E. Gamble, Judge.

Suit by Sallie Belle Kenedy against the T.R. Miller Mill Company. To review a default judgment, defendant brought certiorari. From a judgment quashing the default judgment, plaintiff appeals. Reversed and rendered.

Sallie Belle Kenedy brought suit against T.R. Miller Mill Company, a corporation, in the justice court of W.B. Northcutt, a justice of the peace. Service was had on defendant and due return made, and on May 8, 1915, the following judgment was entered:

"This cause coming on to be heard on this 8th May, 1915 the plaintiff appeared by her attorney, and the defendant being called, came not, but made default, and competent evidence having been introduced, and legal proof having been made that the party upon whom the summons was served and upon whom service was made was such person as shown by the service, to wit, George Miller, president of the defendant corporation, and the court being satisfied from all the evidence in the case that the plaintiff is entitled to recover of the defendant damages in the sum of $40, the value of one cow, as shown by the evidence to have been killed by the defendant corporation, it is therefore considered and adjudged by the court that the plaintiff do have and recover of the defendant the said sum of $40, together with all the costs in this behalf expended, for which execution will issue as provided by law.

"W.B. Northcutt, Justice of the Peace."

The defendant applied for and obtained the common-law writ of certiorari to have the judgment declared void. On the trial in the court below the respondent moved to dismiss and quash the writ, and also demurred to the petition. The court overruled both the motion and demurrers, and, on motion of the petitioner, judgment was rendered quashing the judgment in the justice court.

James F. Jones, of Evergreen, and R.H. Jones, of Andalusia, for appellant.

McMillan & Brooks, of Evergreen, for appellee.

SAMFORD J.

The sole and only question presented by the record and by brief of counsel is whether the judgment of the justice court is void for the reason that it fails to state that the judgment was rendered after 12 o'clock noon. When the judgment of an inferior court shows the facts necessary to confer jurisdiction, then the same presumptions are...