Legal Opinion

Marr's v. Southwick, Cannon & Warren

Supreme Court of Alabama

Decided June 15, 1835PublishedCited by 8 opinions

Southwick, Cannon & Warren, merchants, of New York, brought their action against Tarrant & Marr, as partners, in the Circuit Court of Tuskaloosa county. The writ was served on Marr only. During the pendency of the trial, Marr died; and judgment was rendered against Tarrant, the surviving partner.

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Southwick, Cannon & Warren, merchants, of New York, brought their action against Tarrant & Marr, as partners, in the Circuit Court of Tuskaloosa county. The writ was served on Marr only. During the pendency of the trial, Marr died; and judgment was rendered against Tarrant, the surviving partner. The said Southwick, Cannon & Warren, afterwards filed their hill in-Chancery in the Circuit Court of Tuskaloosa county, setting forth that Tarrant had removed beyond the jruisdietion of the Court, and out of this State; that he had no property here, nor had when judgment was rendered, and that he was…

1Opinion of the Court

By Mr. Justice Hitchcock :

In this case the bill was filed in the Circuit Court of Tuskaloosá county, by the defendants as complainants. ' The bill states that the complainants are mer■chants and partners, doing business in New-York. In 1824, one John Tarrant and one William M. .Marr, since deceased, purchased goods of complainants, and continued to do so until 1830, making occasional payments; that in . June, , 1830, a balance was struck, and the defendants were indebted to complainants for principal and interest, one thousand six • hundred and three dollars and eighty six cents: that a…

2Cited by8 opinions

  1. McKleroy v. DishmanSupreme Court of Alabama · 1932
  2. R. W. Smith & Co. v. Mallory's Ex'rSupreme Court of Alabama · 1854
  3. Travis v. TarttSupreme Court of Alabama · 1845
  4. Travis v. First Nat. BankSupreme Court of Alabama · 1924
  5. Von Pheel v. ConnallySupreme Court of Alabama · 1839

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