Oxanna Bldg. Ass'n. v. Agee

• Decision Date: 23 May 1893
• Citation: Oxanna Bldg. Ass'n. v. Agee, 13 So. 279, 99 Ala. 571 (Ala. 1893)
• Parties: OXANNA BLDG. ASS'N v. AGEE.
• Court: Alabama Supreme Court

13 So. 279

99 Ala. 571

OXANNA BLDG. ASS'N v. AGEE.

Supreme Court of Alabama

May 23, 1893

Appeal from city court of Anniston; B. F. Cassody, Judge.

Action by A. P. Agee, as receiver of the Anniston Savings & Deposit Company, against the Oxanna Building Association, on several promissory notes.The transcript contains no bill of exceptions, and the judgment entry, so far as it bears upon the decision rendered in this court, is sufficiently stated in the opinion.The appellant assigns as error, among other grounds, that the record does not show that proof was made to the court that W. S. Larned, at the time of service upon him as the secretary and treasurer, was such secretary and treasurer of the defendant company.Reversed and remanded.

Savage & Coleman, for appellant.

Blackwell & Keith, for appellee.

HEAD J.

This is a suit against the Oxanna Building Association, alleged to be a private corporation.The sheriff's return of the summons and complaint shows execution by leaving a copy thereof with "W. S. Larned, sec'ty and treas'r of defendant, the Oxanna Building Association."The court rendered judgment by default against the defendant.The only proof taken by the court in reference to the service is shown by the following recital in the judgment entry: "Came the plaintiff, by attorney, and the service having been proven on W. S. Larned...