Evans v. Norris, Stodder & Co.
Supreme Court of Alabama
Error to the Circuit Court of Wilcox County. ASSUMPSIT by the defendants in error, against the plaintiff in error. Pleas, non assumpsit, payment and set-off, statute of limitations, and statute of non claim; upon all of which issue was taken. At the fall term, 1839, being the trial term of the cause, this entry appears: “ Norris, Stodder & Co. v. Josiah T. Evans, administrator.
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Error to the Circuit Court of Wilcox County. ASSUMPSIT by the defendants in error, against the plaintiff in error. Pleas, non assumpsit, payment and set-off, statute of limitations, and statute of non claim; upon all of which issue was taken. At the fall term, 1839, being the trial term of the cause, this entry appears: “ Norris, Stodder & Co. v. Josiah T. Evans, administrator. This daj? came the plaintiff by his attorney, and suggests to the court the revocation of the defendant’s letters of administration, whereupon, on motion, ordered by the court, that a scire facias issue to Jonathan M.…
1Opinion of the CourtOrmond, J.
— The court did not err in permitting the deposition to be read. The declaration having described the persons composing the mercantile firm of Norris, Stodder & Co., it was sufficient to entitle other papers in the cause, such as affidavits, motions, commissions to take depositions, &c. with the style of the firm, which was doubtless its designation on the docket. The object being merely to identify it, as one of the papers of the cause. This is prima facie sufficient. If a doubt should arise, from their being more causes than one between the same parties at issue, to which the paper…
2Cited by13 opinions
- Brannan v. SherrySupreme Court of Alabama · 1916
- Kornegay v. MayerSupreme Court of Alabama · 1902
- Covington County v. O'NealSupreme Court of Alabama · 1939
- McKenzie v. MatthewsSupreme Court of Alabama · 1907
- May v. ParhamSupreme Court of Alabama · 1880
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