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EX PARTE WILSON LUMBER CO., INC.

80-584.

410 So.2d 407 (1982)

Ex parte WILSON LUMBER COMPANY, INC., a Corporation. (Re: Randolph E. NEAL, Jr. v. WILSON LUMBER COMPANY, INC.)

Supreme Court of Alabama.

February 5, 1982.

Attorney(s) appearing for the Case

Currun C. Humphrey of Humphrey & Smith, Huntsville, for petitioner.

Randolph E. Neal, Jr., pro se.

George W. Royer, Jr. of Butler & Potter, Huntsville, for amici curiae Ben Hayes and Kathlene Hayes.

Thomas G. Keith, Huntsville, for amicus curiae John D. Tarver.

ADAMS, Justice.

We granted a writ of certiorari to the Court of Civil Appeals to review its decision holding that it is unnecessary to allege and prove a meritorious defense when one seeks relief from a default judgment which is the result of alleged ineffective service. Randolph E. Neal, Jr., (Neal), was sued by Wilson Lumber Company, Inc. (Wilson), in a small claims action filed in the District Court of Madison County. In district court, Neal failed to appear, and...

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