Lucas v. Bank of Darien
Supreme Court of Alabama
Walter B. Lucas filed a bill in Equity in the Circuit Court of Montgomery county, against the Bank of Darien, for relief against several judgments at law, which said bank sought to enforce against him.
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Walter B. Lucas filed a bill in Equity in the Circuit Court of Montgomery county, against the Bank of Darien, for relief against several judgments at law, which said bank sought to enforce against him. The bill charges that the complainant and one John Lucas had formerly been copartners in trade, under the firm of J. & W. Lucas; that they transacted business in Milledgfeville, and also in Twiggs county, Georgia, and that they were also concerned in the house of Lucas, Goodall, & Co. that on the 18th of May, 1818, they dissolved their copartnership, and a written agreement was executed as…
1Opinion of the Court
By JUDGE SAFFOLD.
Previous to any examination of the merits of this cause, it is necessary to take a slight notice of the exceptions urged against, the regularity and sufficiency of the bill. It is objected, that the bill is fatally defective in not having prayed process against the principal bank, as well as its branch; that all persons having an interest should have been made parties; that praying relief against the agent, does not make the principal a party, and that- none- can be regarded as a party. *291against whom'process is not prayed. The injunction appears to have been obtained against…
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