Harris v. Swanson & Bro.
Supreme Court of Alabama
Appeal from Macon Circuit Court. Tried before Hon. James E. Cobb. The appellant, M. H. Harris, commenced tbis action against the appellees, M. B. Swanson & Brother, to recover the statutory penalty for their failure to enter satisfaction on the record of á mortgage, for more than three months after payment and request to enter satisfaction.
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Appeal from Macon Circuit Court. Tried before Hon. James E. Cobb. The appellant, M. H. Harris, commenced tbis action against the appellees, M. B. Swanson & Brother, to recover the statutory penalty for their failure to enter satisfaction on the record of á mortgage, for more than three months after payment and request to enter satisfaction. It ■ was alleged that the mortgage was executed by the plaintiff and one Wright, who were' then engaged in a planting partnership, but that all the property covered by it, except the crop raised that current year, was the personal property of the…
1Opinion of the CourtBrickell, C. J.
It is an elementary principle, that when the legal interest in a cause of action, whether it arises out of contract, or is ex delicto, is joint, residing in several persons, all who are living must join in the action founded on it. One or more of the parties may use the name of all in the commencement and prosecution of the action. If others are unwilling to join in the prosecution, the unwillingness does not authorize a dismissal of the suit. They can and will, on a proper application, be protected by an indemnity, against costs, from those prosecuting the suit. All courts have an inherent…
2Cases cited1 opinion
- Cunningham v. CarpenterSupreme Court of Alabama · 1846
3Cited by12 opinions
- Bolton v. CuthbertSupreme Court of Alabama · 1902
- Union Naval Stores Co. v. PughSupreme Court of Alabama · 1908
- Jarratt v. McCabeSupreme Court of Alabama · 1883
- Ex parte RandallSupreme Court of Alabama · 1906
- Henry v. FrohlichsteinSupreme Court of Alabama · 1907
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