Supreme Court of Alabama January 15, 1868 (Southern Express Co. v. Carroll)

A. J. WALKER, C. J.

The judgment of the court below must .be reversed on the authority of the Oxford Iron Co. v. Spradley, MS. To sustain the judgment by default, it is requisite that it should appear otherwise than by the sheriff’s return or the clerk’s statement, that the person upon whom the summons and complaint were served occupied such a relation to the defendant, that the defendant could