Fowlkes & Co. v. Baldwin, Kent & Co.
Supreme Court of Alabama
The defendant in error brought an action of assumpsit against the plaintiffs in the County Court of Sumter, founded on a promissory note for eleven hundred and twenty-four and five one-hundredths dollars.
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The defendant in error brought an action of assumpsit against the plaintiffs in the County Court of Sumter, founded on a promissory note for eleven hundred and twenty-four and five one-hundredths dollars. The defendants in the writ are des-scribed as " Henry A. Fowlkes and Phineas Fowlkes, partners under the name, firm and style of H. A. Fowlkes & Co.” Henry A. Fowlkes, one of the defendants, pleaded 1. Non assumpsit. 2. That he never made and delivered with Phin-eas Fowlkes the promissory note declared on, to the plaintiffs. Issue was joined on the first plea, and to the second there was a…
1Opinion of the CourtCollier, C. J.
— By the eighth section of the act of 1818, “for the better-regulation of judicial proceedings” it is enacted, that “when a writ shall be issued against all the partners of any firm, service, of the same on any one of them shall be deemed equivalent to a service on all; and the plaintiff may file his declaration, and proceed to judgment, as if the said writ had been served on each defendant; and the judgment shall be equally valid and effectuál against all the defendants.” In the present case, the writ describes the plaintiffs in error as partners, and this in practice has been heretofore…
2Cases cited1 opinion
- Findlay v. StevensonSupreme Court of Alabama · 1830
3Cited by7 opinions
- Mudge v. TreatSupreme Court of Alabama · 1876
- Wimberly v. DallasSupreme Court of Alabama · 1875
- Montgomery v. ElliottSupreme Court of Alabama · 1844
- Cain Lumber Co. v. Standard Dry Kiln Co.Supreme Court of Alabama · 1895
- Bancroft v. PaineSupreme Court of Alabama · 1849
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