Ex parte Bogatsky Bros. & Co.
Supreme Court of Alabama
Bogatzky Bros! & Co: instituted a suit in a justice of the peace court: against “A. B. & N. Fleisher, a firm composed of A. B. and N. Fleisher, and also A. B. Fleisher,” to recover upon an itemized account. The return made-by the constable on the summons and complaint was as follows: “Executed by personal service on' A. B. & N. Fleisher, this the 11th day of March, 1902.” Judgment was rendered against the defendants, and upon this judgment execution was issued.
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Bogatzky Bros! & Co: instituted a suit in a justice of the peace court: against “A. B. & N. Fleisher, a firm composed of A. B. and N. Fleisher, and also A. B. Fleisher,” to recover upon an itemized account. The return made-by the constable on the summons and complaint was as follows: “Executed by personal service on' A. B. & N. Fleisher, this the 11th day of March, 1902.” Judgment was rendered against the defendants, and upon this judgment execution was issued. Thereafter A. B. Fleisher filed his petition in the circuit court of Jefferson county,- addressed to Hon. A. A. A. -Coleman, judge of…
1Opinion of the CourtHaralson, J.
The petitioners insist that their motion to dismiss the writ of certiorari in the lower court should have been granted, because the judgment in the justice’s court was against the partnership of A. B. & N. Fleisher, and also against A. B. Fleisher, and that the certiorari was sued out by A. B. Fleisher alone; or, in other words, because the judgment in the justice’s court was against two defendants, — A. B. & N. Fleisher, a partnership: under that name, and against A. B. Fleisher individually, — the cause could not be carried to the circuit court by certiorari, as- was here done, by A. B.…
2Cases cited1 opinion
- Reese v. NolanSupreme Court of Alabama · 1892
3Cited by2 opinions
- Missouri, K. & T. R. Co. v. ChowningSupreme Court of Oklahoma · 1917
- Nicolo v. EvansUtah Supreme Court · 1921