Haskins v. Alcott & Horton
Ohio Supreme Court
ERROR to the district court of Wood county.' The defendants in error, plaintiffs below, in February, 1860, filed a petition, in their- firm name, in the court of common pleas of Wood county, against the plaintiffs in error, defendants below, Collister Haskins, Jesse L. Roller, and Whitcomb Haskins, setting forth that, at the previous October term of said court, the defendants in error, being a firm doing business under the name of Alcott & Horton, (but without averring that…
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ERROR to the district court of Wood county.' The defendants in error, plaintiffs below, in February, 1860, filed a petition, in their- firm name, in the court of common pleas of Wood county, against the plaintiffs in error, defendants below, Collister Haskins, Jesse L. Roller, and Whitcomb Haskins, setting forth that, at the previous October term of said court, the defendants in error, being a firm doing business under the name of Alcott & Horton, (but without averring that said firm was formed for or doing business within-the. State of Ohio,) recovered a judgment against the firm of…
1Opinion of the CourtPuck, J.
Alcott & Horton having obtained judgment in Wood common pleas against the firm of Haydns, Roller & Haskins, under the provisions of section 1 of the “ act regulating suits by and against companies and partnerships ” (S. & C. St. 1188), authorizing suits by and against companies and associations, formed, for the purpose of carrying on any trade or business within the State of Ohio, by the usual and ordinary name of such firm, and being unable to make the amount of the judgment out of the joint effects, sought, in the petition filed in Wood common pleas, to subject the individual property of…
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