Public-domain · open source
OpenJurist

214 Ala. 552

108 So 563

Boothe v. Shaw

Supreme Court of Alabama

Decided May 13, 1926

Supreme Court of Alabama · decided 1926-05-13

Relies on Read v. Walker

Good law ✅— No negative treatment on recordhow we know

Decided 1926-05-13

How this case has been cited

Cited by 14 later decisions — most recently January 2017

14 state decisions

401926193019401950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

SOMERVILLE, J.

¶1 The allegations and exhibits of the bill of complaint are apt and appropriate for the relief sought; and, being confessed by the default of respondents, the trial court could not do otherwise than grant the relief and enforce the decree by writ of possession. Nor was there any ground presented upon which the court could have properly granted respondent’s petition to set aside the decrees rendered, and allow them to make answer and litigate the cause upon its merits. A party who ignores a summons and, without good excuse, neglects to make his defense at the proper time has no standing in any court when he seeks to avoid the resulting judgment or decree. Read v. Walker, 18 Ala. 324, 333.

¶2 The decrees and orders of the circuit court will, therefore, be affirmed.

¶3 Affirmed.

ANDERSON, C. J., and THOMAS and BOULDIN, JJ., concur.
/214/ala/552 · .json · Public domain