Sims, Harrison & Co. v. Jacobson & Co.
Supreme Court of Alabama
Appeal from tbe Circuit Court of Sumter. Tried before the Hon. Luther R. Smith. This action was brought by the appellants, and was commenced by attachment on the ground of the defendants’ non-residence. The affidavit for the attachment was made by Thos. W. Sims, and stated that the defendants, “ Jacobson & Co.,” were indebted to “Sims, Harrison & Co.;” and the names of the parties were so stated in the attachment and bond, without any designation of 'the partners’ names.
Read the full summary
Appeal from tbe Circuit Court of Sumter. Tried before the Hon. Luther R. Smith. This action was brought by the appellants, and was commenced by attachment on the ground of the defendants’ non-residence. The affidavit for the attachment was made by Thos. W. Sims, and stated that the defendants, “ Jacobson & Co.,” were indebted to “Sims, Harrison & Co.;” and the names of the parties were so stated in the attachment and bond, without any designation of 'the partners’ names. The attachment was sued out in April, 1872; and at the return term, in October following, a complaint was filed, in which…
1Opinion of the CourtBrickell, J.
The attachment was sued out by the plaintiffs in their firm name, neither the writ, bond, or affidavit disclosing the individual names of the several partners. In process and pleading, at common law, certainty with regard to the parties to the suit was indispensable. Therefore, a writ or declaration, by or against a partnership, must have mentioned the names of the partners. 1 Chitty’s Pl. 256; Reid & Co. v. McLeod, 20 Ala. 576; Sanford v. Patton, Donegan & Co. 44 Ala. 584. This common-law rule is unchanged, as to suits by a partnership. The first plea in abatement to the attachment was,…
2Cases cited12 opinions
- Peck v. JennessSupreme Court of the United States · 1849
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Agee v. WilliamsSupreme Court of Alabama · 1857
- Hall v. BrazletonSupreme Court of Alabama · 1867
- Watts v. WomackSupreme Court of Alabama · 1870
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Exchange National Bank v. ClementSupreme Court of Alabama · 1895
- Mobile Mutual Insurance v. ClevelandSupreme Court of Alabama · 1884
- Union Ins. Soc. of Canton v. SudduthSupreme Court of Alabama · 1925
- Citizens' Bank v. CorkingsSouth Dakota Supreme Court · 1897
- Marx Bros. v. LeinkauffSupreme Court of Alabama · 1890
13 more not listed; retrieve them via the Exa API.