Shapard v. Lightfoot
Supreme Court of Alabama
Appeal from tbe City Court of Montgomery. Tried before the Hon. John A. Muraras. This action was brought by Allen N. Lightfoot, against “ James J. Colt, W. B. Shapard, B. Boyle, W. H. Kelly, Hugh Carlisle, and Benjamin E. Wells, partners in trade, associated and doing business under the firm name and style of the Alabama and Georgia Company; ” and was, commenced on the 1st April, 1874. The complaint contained only the common money counts.
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Appeal from tbe City Court of Montgomery. Tried before the Hon. John A. Muraras. This action was brought by Allen N. Lightfoot, against “ James J. Colt, W. B. Shapard, B. Boyle, W. H. Kelly, Hugh Carlisle, and Benjamin E. Wells, partners in trade, associated and doing business under the firm name and style of the Alabama and Georgia Company; ” and was, commenced on the 1st April, 1874. The complaint contained only the common money counts. The summons and complaint were served on B. Boyle only; and there was a judgment by default, with writ of inquiry, against all of the defendants, whose…
1Opinion of the CourtBriokell, C. J.
The complaint discloses the individual names of the partners who, it is averred, were doing business under the firm name and style of the “Alabama and Georgia Contracting Company.” It also discloses a cause of action against the partnership; and there is no fact appearing on the record indicating a termination or dissolution of the partnership when suit was commenced. The summons pursues the complaint, and the return of the sheriff, made on it, is, that it was executed by leaving a copy of summons and complaint with one of the partners. A judgment by default was rendered, against all the…
2Cited by8 opinions
- Baldridge v. EasonSupreme Court of Alabama · 1892
- East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1884
- Ladiga Saw-Mill Co. v. SmithSupreme Court of Alabama · 1884
- McKissack v. Witz, Biedler Co.Supreme Court of Alabama · 1898
- Weinstein v. Citizens BankAlabama Court of Appeals · 1915
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