James Reid & Co. v. McLeod
Supreme Court of Alabama
Error to tbe Circuit Court of Mobile. Tried before tbe Hon. John Bragg. Daniel McLeod, tbe defendant in error, having obtained a judgment against one John Ashby, sued out a writ of garnishment against “tbe firm of James Reid & Co.” as tbe debtor of said Ashby. Tbe garnishees failed to appear, and judgment nisi was rendered against them, which was aftdrwards made final.
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Error to tbe Circuit Court of Mobile. Tried before tbe Hon. John Bragg. Daniel McLeod, tbe defendant in error, having obtained a judgment against one John Ashby, sued out a writ of garnishment against “tbe firm of James Reid & Co.” as tbe debtor of said Ashby. Tbe garnishees failed to appear, and judgment nisi was rendered against them, which was aftdrwards made final. The affidavit of the plaintiff, the writ of garnishment, and all the subsequent proceedings describe the garnishees as “the firm of James Reid & Co.but the names of the partners composing the firm no where appear in the record.…
1Opinion of the Court
CHILTON, J.-
'The pleadings in every suit shoud set forth the names of the parties, both plaintiff and defendant, with such certainty as to enable the court to determine in whose favor and against whom to render judgment. This is an elementary rule, the observance of which is indispensable in the proper administration of the law.
Mr. Chitty in his work on Pleading (vol. 1 p. 256) says: “It must.be stated with certainty who are the parties to the suit, and therefore a declaration by or against O. D. & Company, not being a corporation, is insufficient.” The same principle is substantially…
2Cited by12 opinions
- Frank v. TatumTexas Supreme Court · 1894
- Ortez v. Jewett & Co.Supreme Court of Alabama · 1853
- Sims, Harrison & Co. v. Jacobson & Co.Supreme Court of Alabama · 1874
- Simmons v. Titche Bros.Supreme Court of Alabama · 1893
- Ex Parte WilkeySupreme Court of Alabama · 1937
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