Ratchford v. Covington County Stock Co.
Supreme Court of Alabama
Assumpsit. Appeal from Chambers Circuit Court. Heard before Hon. S. L. Brewer. Action by one Jemigan and others, associated and doing business as the Covington County Stock Company, against W. J. Ratchford and another, late partners in the firm of Dr. A. S. Kilby & Co. From a judgment for plaintiffs, defendants appeal.
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Assumpsit. Appeal from Chambers Circuit Court. Heard before Hon. S. L. Brewer. Action by one Jemigan and others, associated and doing business as the Covington County Stock Company, against W. J. Ratchford and another, late partners in the firm of Dr. A. S. Kilby & Co. From a judgment for plaintiffs, defendants appeal. The complaint is as follows: “Count 1. Plaintiffs claim of defendant the sum of, to wit, $1,493.88, due by judgment against the partnership of Dr. A. S. Kilby & Co., and A.' S. Kilby, a member thereof, rendered by and recovered ont of the circuit court of Covington county,…
1Opinion of the CourtSayre, J.
-This is an action of debt on a judgment. The defendants (appellants) are described as “W. J. Ratchford and A. H. Singer, late partners in the firm of Dr. A. S. Kilby & Co., a partnership.” The debt is averred to be due by judgment against the partnership of Dr. A. S. Kilby & Co., and A. S. Kilby, a member thereof, recovered in the circuit court of Covington county, and it is averred that the defendants were members of said partnership. It will be observed that there is no averment that the judgment sued upon was rendered against these defendants personally, that any process was served upon…
2Cases cited9 opinions
- D'Arcy v. KetchumSupreme Court of the United States · 1851
- Mason v. EldredSupreme Court of the United States · 1868
- Bonesteel v. ToddMichigan Supreme Court · 1861
- Oakley v. AspinwallNew York Court of Appeals · 1851
- Sims v. HerzfeldSupreme Court of Alabama · 1891
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