Greenstein v. 1st National Bank
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Bisque. Action by the First National Bank of Gadsden against A. Greensteih and others, partners, etc. Judgment for plaintiff, and defendants appeal. Counsel discuss the assignments of error relied on for a reversal, with citation of authority,, but do not discuss the point passed on. Counsel discuss motion to dismiss for failure to give security for costs, .and other matters hut do not discuss the point passed upon.
1Opinion of the CourtMcCLELLAN, J.
— As originally instituted the . action was against Greenstein, Markel & Co., and the complaint was amended by the addition of two counts (A and B) ; hut such amendment did not operate to change tl]£ party defendant. The posture of the'suit remained, as regards parties, a suit against the entity, and not against persons composing that entity. The judgment is in favor of the plaintiff and against the defendant. The adjudication for a recovery in favor of the plaintiff was against the defendant Greenstein, Markel & Co. The appeal, the certificate shows, was taken by the persons named as…
2Cases cited2 opinions
- Burdeshaw & Co. v. Comer & Co.Supreme Court of Alabama · 1895
- Johnson v. First National BankSupreme Court of Alabama · 1906