Foreman v. Weil Bros.
Supreme Court of Alabama
Appeal from Chambers Circuit Court. Tried before the Hon. James R. Dowdell. This was an action of detinue brought by Weil Bros, against Lucius Foreman, to recover possession of mules and a wagon under a mortgage made to the plaintiffs by Ful-wood Foreman, a son of the defendant, on the 15th of January, 1891. The facts show that at the time of the execution of the mortgage by Fulwood Foreman, and during the remainder of the year, (1891), the defendant and his family were…
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Appeal from Chambers Circuit Court. Tried before the Hon. James R. Dowdell. This was an action of detinue brought by Weil Bros, against Lucius Foreman, to recover possession of mules and a wagon under a mortgage made to the plaintiffs by Ful-wood Foreman, a son of the defendant, on the 15th of January, 1891. The facts show that at the time of the execution of the mortgage by Fulwood Foreman, and during the remainder of the year, (1891), the defendant and his family were residing on the same place with the mortgagor; that Fulwood Foreman, desired to procure advances of money and supplies from…
1Opinion of the CourtHaralson, J.
Tbe first assignment of error is waived by tbe appellant, in tbe argument filed in tbe cause.
Tbe second, — that tbe suit is instituted in the name of tbe partnership and not in tbe names of tbe members of tbe firm, — is bad for two very good reasons, either of which is sufficient. In tbe first place, tbe names of tbe members of the plaintiff firm are set out in tbe detinue affidavit, in tbe summons and in tbe caption of tbe complaint. This complied fully with tbe requirements as to tbe bringing of suits by a partnership.—Moore v. Watts & Sons, 81 Ala. 261; Moore & McGee v. Burns & Co., 60…
2Cases cited5 opinions
- Caldwell v. SmithSupreme Court of Alabama · 1884
- LeGrand v. Eufaula National BankSupreme Court of Alabama · 1886
- Moore v. Burns & Co.Supreme Court of Alabama · 1877
- Jones v. McPhillipsSupreme Court of Alabama · 1886
- Moore v. Watts & SonsSupreme Court of Alabama · 1886
3Cited by8 opinions
- Hugh K. Gale Post No. 2182 Veterans of Foreign Wars v. NorrisNew Mexico Supreme Court · 1949
- E. E. Yarbrough Turpentine Co. v. TaylorSupreme Court of Alabama · 1918
- Crook v. Rainer Hardware Co.Supreme Court of Alabama · 1923
- Planters & Merchants Bank v. Laucheimer & SonsSupreme Court of Alabama · 1893
- Calera Development Co. v. BurginSupreme Court of Alabama · 1926
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