Stockdale v. Riddle & Co.
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Tried before the Hon. Ezekiel Pickens. George M. Biddle & Co. sued the plaintiff in error before a justice of the peace, on an open account for a sum less than twenty dollars, and recovered a judgment. The defendant appealed to the Circuit Court; and on the trial in that court, no statement having been filed, plaintiffs offered evidence to show that the firm of Geo.
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Error to the Circuit Court of Talladega. Tried before the Hon. Ezekiel Pickens. George M. Biddle & Co. sued the plaintiff in error before a justice of the peace, on an open account for a sum less than twenty dollars, and recovered a judgment. The defendant appealed to the Circuit Court; and on the trial in that court, no statement having been filed, plaintiffs offered evidence to show that the firm of Geo. M. Biddle & Co. was composed o£ George M. Biddle and Elias B. McClellan. Defendant objected to this evidence, but the court overruled his objection; and a verdict having been rendered in…
1Opinion of the Court
GOLDTHWAITE, J.-
The principle involved in the present case is identical with the case of Snow & Co. v. Ray, 2 Ala. 344, in which case the warrant and the judgment stated the plaintiffs by the name of Charles Snow & Co., the statement in the County Court setting forth the individuals who composed the firm, and the statement was held to be good. In the present case, no statement was required, the amount in controversy being under twenty dollars; and the evidence was properly introduced, in order that the names of the firm might be set out in the judgment.
*679In tbe case of James Reid & Co. v.…
2Cases cited2 opinions
- James Reid & Co. v. McLeodSupreme Court of Alabama · 1852
- Snow & Co. v. RaySupreme Court of Alabama · 1841
3Cited by1 opinion
- Lehman, Durr & Co. v. Hudmon Bros.Supreme Court of Alabama · 1885