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OLIVER v. SAWYER

SC 2815.

359 So.2d 368 (1978)

Cornelius OLIVER, etc. v. Eugene SAWYER.

Supreme Court of Alabama.

May 26, 1978.

Attorney(s) appearing for the Case

Richard F. Calhoun, of Brantley & Calhoun, Troy, Joe C. Cassady, of Cassady, Fuller & Marsh, Enterprise, for appellant.

George E. Trawick, Ariton, for appellee.

SHORES, Justice.

Appellant Oliver was involved in an automobile accident with Eugene Sawyer on December 6, 1976. Sawyer filed suit against Oliver on March 2, 1977, alleging negligence and wanton misconduct. The defendant failed to file an answer or make an appearance within thirty days as required by Rule 12, ARCP. Sawyer moved for a default judgment. On April 19, 1977, the trial court granted Sawyer's motion for default judgment and, after hearing testimony ore tenus...

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