Wheeler v. Bullard
Supreme Court of Alabama
Error to the Circuit court of Pike county. .Assumpsit on a promissory note. On the twenty-third day of March, eighteen hundred and thirty-five, Samuel Bulllard issued his writ against Charles Wheeler, Jordan Wheeler and Thomas Wheeler, surviving copartners of Charles Wheeler & Co. in a plea of trespass on the case. &c. returnable to the spring term of the court aforesaid.
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Error to the Circuit court of Pike county. .Assumpsit on a promissory note. On the twenty-third day of March, eighteen hundred and thirty-five, Samuel Bulllard issued his writ against Charles Wheeler, Jordan Wheeler and Thomas Wheeler, surviving copartners of Charles Wheeler & Co. in a plea of trespass on the case. &c. returnable to the spring term of the court aforesaid. The cause of action endorsed on the writ was the following note: ‘•$322 41. Montgomery, Jan’y 20th 1834. On the first day of March next, we promise to pay John Goldtlnvaite & Co. or hearer, three hundred and twenty-two…
1Opinion of the CourtGOLDTIiWAITE, J.
The record shews a writ issued against Charles Wheeler, Jordan Wheeler, and Thomas Wheeler, surviving copartners of Charles Wheeler & Co., at the suit of hallará.
The action is assumpsit, on a promissory note, which is set out in the endorsement on the writ. Process was executed on all tlic defendants, except Charles Wheeler. At the trial term, the case was entitled, as against Charles Wheeler & Co., when the parties appeared by attorney, and. Bullard obtained leave to discontinue his suit against Thomas Wheeler, for the cause that he was not a partner of the said, firm; but no judgment of…
2Cases cited1 opinion
- Gilbert v. LaneSupreme Court of Alabama · 1836
3Cited by12 opinions
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- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Lampley v. BeaversSupreme Court of Alabama · 1854
- Scott v. HullIndiana Supreme Court · 1860
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