Louisville & N. R. Co. v. Bridgeforth
| Decision Date | 28 October 1924 |
| Docket Number | 6 Div. 313. |
| Citation | 20 Ala.App. 326,101 So. 807 |
| Parties | LOUISVILLE & N. R. CO. v. BRIDGEFORTH. |
| Court | Alabama Court of Appeals |
Appeal from Circuit Court, Jefferson County; Dan A. Greene, Judge.
Motion by Alice Bridgeforth, as administratrix de bonis non of the estate of Arthur Woods, deceased, to set aside a consent judgment entered against the Louisville & Nashville Railroad Company in favor of Helen Lykes, as administratrix, and for a new trial. From a judgment granting the motion, defendant appeals. Affirmed.
Tillman, Bradley & Baldwin and T. A. McFarland all of Birmingham, for appellant.
Beddow & Oberdorfer, of Birmingham, for appellee.
On January 21, 1923, Arthur Woods was killed in Jefferson county. He left surviving him a half-sister, Alice Bridgeforth, living at Decatur. Mr. Beck, the claim agent for the appellant, went to see Alice Bridgeforth at Decatur with reference to a settlement of the claim for the wrongful death of Arthur Woods. Alice was at the time sick and told the claim agent that she had employed Mr. Lynne, an attorney at Decatur, to look after the matter for her. The claim agent saw Mr. Lynne, who stated that he would look into the matter and let him hear. Mr. Lynne associated with him Messrs Beddow & Oberdofer, attorneys at Birmingham. On March 3 1923, Alice was in Birmingham and told Mr. Beddow there was a death in her family, and he told her not to stop to take out letters of administration on the estate of Arthur Woods deceased, but to go and bury her dead and come back later. On March 5, 1923, Miss Helen Lykes, a stenographer in the office of Mr. Fite, was appointed administratrix. On March 7th Alice went to the office of Messrs. Beddow & Oberdorfer and signed an application for appointment as administratrix. Mr. Beddow carried the papers to the office of the judge of probate and found that on March 5th letters of administration had issued to Miss Lykes. On March 5th Mr. Fite called Mr. Beck, claim agent of appellant, over telephone, and they had a conference looking to the settlement of this claim. On March 6th suit was filed by Miss Lykes as administratrix against appellant and summons served on Beck, claim agent, and Mr. Beck and Mr Fite representing Miss Lykes, administratrix (either on March 5th or 6th), agreed upon a settlement of the case, and on March 6th a consent judgment for $500 was entered against the appellant. The amount of the judgment was paid into court and is still in the hands of the clerk. Upon being informed by Mr. Beddow that Alice Bridgeforth was a relative of the deceased and desired to be appointed administratrix, Mr. Fite told Mr. Beddow that he did not know the deceased had any relatives, that Miss Lykes would resign as administratrix, and that he (Mr. Fite) would withdraw from the case. Miss Lykes resigned and Alice Bridgeforth was appointed administratrix de bonis non. On March 23, 1923, Alice Bridgeforth as administratrix filed a motion in the circuit court to set aside the judgment rendered on March 6th. The trial court, after appropriate orders of continuance, entered a judgment granting the motion and setting aside the judgment rendered on March 6th, and from such...
To continue reading
Request your trial
-
Grigsby v. Liles
...that the authority to vacate a consent judgment was regarded as an authority to exercise a sound discretion. In Louisville & Nashville Railroad Company v. Bridgeforth, supra, the Court of Appeals 'The power to set aside a judgment is a common-law power inherent in courts of general jurisdic......
-
Grigsby v. Liles
...mode of obtaining a review, proceeded both by appeal and by a petition for an alternative writ of mandamus. In Louisville & N. R. Co. v. Bridgeforth, 20 Ala.App. 326, 101 So. 807, this court held that an appeal would lie from an order setting aside a consent judgment. And in Senn v. Joseph,......
- Drennen Co. Department Stores v. Elrod