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SMITH v. SAINT

Civ. 3333.

438 So.2d 762 (1982)

Robert SMITH v. Elbert SAINT.

Court of Civil Appeals of Alabama.

Rehearing Denied October 20, 1982.

Attorney(s) appearing for the Case

Jimmy F. Carnes of Carnes & Carnes, Albertville, for appellant.

Will Beard of Beard & Beard, Guntersville, for appellee.

WRIGHT, Presiding Judge.

This is an appeal from an order setting aside a judgment in default on a third party complaint originally filed in district court.

Appellant Robert Smith was defendant in a suit in district court by John Deere Company for detinue of certain farm equipment. The complaint claimed damages in the amount of $5,000. Smith answered denying the allegations of the complaint and filed a third party complaint against appellee Elbert Saint. The...

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