Moore v. Watts & Sons
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speake, The appellees, Watts & Sons, a partnership in the pracice of the law, composed of Thomas H. Watts, John W. Watts and Thomas EL Watts, Jr., brought suit against the appellant, Samuel H. Moore, for the value of professional services rendered the appellant.
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Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speake, The appellees, Watts & Sons, a partnership in the pracice of the law, composed of Thomas H. Watts, John W. Watts and Thomas EL Watts, Jr., brought suit against the appellant, Samuel H. Moore, for the value of professional services rendered the appellant. The individual names of the members of the plaintiffs’ firm were set forth in the summons, but the firm name alone was used in the complaint and judgment. The complaint was upon the common counts and the pleas were non assumpsit and payment. On the trial the…
1Opinion of the CourtSomerville, J.
— 1. The objection urged in the first assignment of error is not well taken. If there had been a judgment by default taken by the plaintiffs, Watts & Sons, without setting out the Christian names of the partners anywhere in the complaint, or summons, the defect might have constituted an error for which a reversal would lie in this court. The case of Moore v. Burns & Go., 60 Ala. 269, cited by appellant’s counsel, was one of this kind. But where the defendant goes to trial on a plea to the merits without taking objection to the defect in the lower court, he waives it, and can not raise the…
2Cases cited4 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Ortez v. Jewett & Co.Supreme Court of Alabama · 1853
- Moore v. Burns & Co.Supreme Court of Alabama · 1877
- Carey v. HughesSupreme Court of Alabama · 1850
3Cited by6 opinions
- Conn v. SellersSupreme Court of Alabama · 1917
- Knabe v. StateSupreme Court of Alabama · 1970
- Greer & Walker v. Liipfert-Scales Co.Supreme Court of Alabama · 1908
- Foreman v. Weil Bros.Supreme Court of Alabama · 1893
- Tilson v. GrahamSupreme Court of Alabama · 1922
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