North Italian Colonial Co. v. Janovich-Calafiore Co.
Supreme Court of Alabama
Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. Action by tbe Janovicb-Calafiore Company and others against tbe North Italian Colonial Company. From a judgment for plaintiffs, defendant appeals. Tbe suit was commenced in tbe name of P. Janovich and F. Calafiore, partners, under tbe firm name and style of tbe Janovich-C'alalore Company, and sought recovery under tbe common count.
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Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. Action by tbe Janovicb-Calafiore Company and others against tbe North Italian Colonial Company. From a judgment for plaintiffs, defendant appeals. Tbe suit was commenced in tbe name of P. Janovich and F. Calafiore, partners, under tbe firm name and style of tbe Janovich-C'alalore Company, and sought recovery under tbe common count. By an amendment, subsequently offered, plaintiffs were changed as follows: “P. Janovich and S. Calafiore, partners under tbe firm name and style of Janovicb-Calafiore Company, successors to…
1Opinion of the CourtMcCLEDLAN, J.
While appellee spread upon the. motion docket of this court, and had notice of the same served upon the adversary, a motion questioning the authority of counsel, who appear for appellant, to prosecute the appeal and to assign errors for appellant, and praying, therefore, for dismissal of the appeal, the records of this court do not show a submission, in any way, of the cause on the motion stated. The submission was on the merits only. We cannot, therefore, consider the matter raised by the motion.
By leave of the court below, an amended complaint was filed, which, appellant insists, introduced…
2Cases cited2 opinions
- Moore v. First National Bank of FlorenceSupreme Court of Alabama · 1903
- Alabama Construction Co. v. WatsonSupreme Court of Alabama · 1908
3Cited by3 opinions
- W. S. Brewbaker, Inc. v. McClintonAlabama Court of Appeals · 1954
- Culverhouse v. GlennSupreme Court of Alabama · 1946
- Epps v. PetersAlabama Court of Appeals · 1934