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73 Ala. 196

Finney v. Gilder

Supreme Court of Alabama

Decided December 15, 1882

Supreme Court of Alabama · decided 1882-12-15

The record fails to disclose the' name of the presiding judge in the circuit court. Assumpsit by the appellee against the appellant. The facts are stated in the opinion.

Relies on Harris v. Martin · O'Neal v. Garrett

Decided 1882-12-15

SOMERYILLE, J.

¶1— The judgment rendered was erroneous and must be reversed. It was a judgment by default, and there was only an achnowledgment of service of process indorsed on the summons and complaint. This did not, under the long settled practice in this State, authorize the rendition *197of such a judgment without proof, or admission of the fact of service, appearing of record. ' The record here fails to show that the acknowledgment or signature was proved, or admitted in court to be genuine. O'Neal v. Garrett, 3 Ala. 276; 1 Brick. Dig. 138, § 99; Harris v. Martin, 39 Ala. 556.

¶2Beversed and remanded.

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