Capitol Brick, Inc. v. Fleming Manufacturing Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that it was “impermissible in a default judgment to render judgment for damages in excess of the damages specifically pleaded”
• concluding that Whitney Certificate constituted conclusive evidence that service was valid and upholding default judgment
• holding that absent fraud or mistake, the secretary of state’s Whitney certificate is conclusive evidence that the Secretary of State, as agent for the nonresident, received service of process and forwarded the service as required by the statute
• setting aside default judgment in the amount of $65,421.32 when the pleadings served on defendant asked an award of $59,671.32
• upholding a default judgment where a Whitney Certificate was in the record, which the court concluded was conclusive evidence, in the absence of any fraud or mistake, that service was valid
• where option exists to remand or rule on issue left unresolved by intermediate court, the better practice is to decide the issue

Source: CourtListener parenthetical corpus (CC0).