31 Ala. 192 | Ala. | 1857
— The decree pro eonfesso against Louis Keiffer is defective in the following particulars: 1st. It merely states that publication had been made and perfected agreeably to the rules of practice in this court, without stating the facts necessary to constitute good service. — Hartley v. Bloodgood, 16 Ala. 233; Cullum v. Br. Bank, 23 ib. 797. 2d. The decree was taken before the expiration of thirty days from the perfection of the pub- . lication. — Code, § 2890.
¥e have decided this last question, because it is probable that, upon a future trial, the answer may be sustained, by proof of the facts out of which it arises; and the case would probably return upon us, if we' should leave the question undecided.
The decree of the court below is reversed, and the cause remanded for further proceedings, as if no decree pro con-fesso had been rendered against Louis Keiffer. The ap-pellees must pay the costs of the appeal.