Simmons v. Titche Bros.
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. J. J. Banks. This suit was commenced before a justice of the peace, in the name of Titche Bros., the appellees, against M. R. & L. M. Simmons, the appellants. The names of the persons composing the plaintiff firm no where appear in the proceedings.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. J. J. Banks. This suit was commenced before a justice of the peace, in the name of Titche Bros., the appellees, against M. R. & L. M. Simmons, the appellants. The names of the persons composing the plaintiff firm no where appear in the proceedings. The complaint in the justice’s court reads : “The plaintiff claims of the defendant the sum of $76.98, due by the waive pote ma,de by defendant, the ......day of..........189 , and payable on the...... with interest; and plaintiff avers that as a part of said note, the defendant…
1Opinion of the CourtHaralson, J.
The general rule is, that all partners must join as parties plaintiff in an action to enforce a claim in favor of a partnership, and can not sue in their copartnership name. Their individual names are required to be stated, (17 Amer. & Eng. Encyc. of Law, 1236) ; and to render a judgment by default in the name of a copartnership, individual names not appearing, is error for which a judgment will be reversed. If a defendant goes to trial, however, on a plea to the merits, he waives it, and cannot raise the question for the first time in this court. — Moore v. Watts & Sons, 81 Ala. 265; Moore…
2Cases cited8 opinions
- Elyton Land Co. v. Morgan & Co.Supreme Court of Alabama · 1889
- McLaren v. AndersonSupreme Court of Alabama · 1886
- Atlantic Glass Co. v. PaulkSupreme Court of Alabama · 1887
- McCaskey & Ratcliff v. Pollock & CoSupreme Court of Alabama · 1886
- James Reid & Co. v. McLeodSupreme Court of Alabama · 1852
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Greer & Walker v. Liipfert-Scales Co.Supreme Court of Alabama · 1908
- Hatcher v. Branch, Powell & Co.Supreme Court of Alabama · 1904
- Crook v. Rainer Hardware Co.Supreme Court of Alabama · 1923
- Canty v. SimsAlabama Court of Appeals · 1926
- Garnett v. ScottSupreme Court of Alabama · 1922
7 more not listed; retrieve them via the Exa API.