Greer & Walker v. Liipfert-Scales Co.
Supreme Court of Alabama
Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Action by Liipfert Scales Co. v. Greer and Walker, and others, in .assumpsit. Judgment by default for plaintiffs, and defendants appeal.
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Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Action by Liipfert Scales Co. v. Greer and Walker, and others, in .assumpsit. Judgment by default for plaintiffs, and defendants appeal. Appeal is the remedy to correct the error committed in rendering judgment by default against a defendant in cause which had been discontinued. — Gurtis v. Games, 46 Ala. 455; Slade v. Street, 77 Ala. 576; Jones v. Englehardt, 78 Ala. 505. A'discontinuance was worked in this case by proceeding to judgment without service upon Walker. — Authorities supra. Code 1896, sec. 42. The judgment did not…
1Opinion of the CourtSimpson, J.
This was a suit by the appellee against the appellants, and the judgment was by default. From the summons and complaint, as set out in the statement of this case, it appears that the names of the partners composing the plaintiff firm are set out in the summons, and the complaint states the plaintiff to be “Liipfert-Scales Co., a partnership, as aforesaid.” The first insistence of the appellants is that as the names of the partners plaintiff are not set out in the complaint, and a partnership cannot sue as such without the individual names, the judgment by default is without force. In the…
2Cases cited11 opinions
- Allen v. YoungSupreme Court of Alabama · 1889
- Manhattan Fire Insurance v. Fowler & Co.Supreme Court of Alabama · 1884
- Simmons v. Titche Bros.Supreme Court of Alabama · 1893
- Lanford v. Patton, Donegan & Co.Supreme Court of Alabama · 1870
- Hatcher v. Branch, Powell & Co.Supreme Court of Alabama · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Smith Bros. v. Agee & Co.Supreme Court of Alabama · 1912
- Dulin v. JohnsonSupreme Court of Alabama · 1927
- Florida Nursery & Trading Co. v. WatsonSupreme Court of Alabama · 1917
- Lusk v. BrittonSupreme Court of Alabama · 1916
- Parsons Lumber Co. v. West-Steagall G. & M. Co.Supreme Court of Alabama · 1909
6 more not listed; retrieve them via the Exa API.