Dunklin v. Kimball
Supreme Court of Alabama
Appeal from the Criminal Court of Butler. Tried before the Hon. W. H. Crenshaw. This action was brought by Theodore H. Kimball, against James L. Dunklin, and was commenced on the 1st day of August, 1872. The complaint contained only the common money counts; and the only plea was “ the general issue, in short by consent, with leave to give in evidence any matter that might be specially pleaded.”
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Appeal from the Criminal Court of Butler. Tried before the Hon. W. H. Crenshaw. This action was brought by Theodore H. Kimball, against James L. Dunklin, and was commenced on the 1st day of August, 1872. The complaint contained only the common money counts; and the only plea was “ the general issue, in short by consent, with leave to give in evidence any matter that might be specially pleaded.” The action was brought to recover the plaintiff’s interest, amounting to $690, in the proceeds of sale of the assets of the insolvent partnership of Pinney, Brother & Co., a firm composed of John L.…
1Dissent
(dissenting.) — I respectfully dissent from the opinion just pronounced. The record presents a remarkable legal proceeding, which, I must think, is without precedent or principle to support it. Not the least of its peculiarities is, that one partner, the partnership accounts being unadjusted, and the rights and interests of the respective partners unascertained, sues at law in his own name, to recover what he claims to be his aliquot share of the partnership property. Next, it is an undisputed fact that the partnership is insolvent, its debts reaching seventeen thousand dollars, and its…
2Cases cited6 opinions
- Pillow v. Avco Financial Services (In Re Pillow)United States Bankruptcy Court, D. Utah · 1981
- Winston v. EwingSupreme Court of Alabama · 1840
- Burwell & Clarke v. SpringfieldSupreme Court of Alabama · 1849
- Andrews v. KeithSupreme Court of Alabama · 1859
- Moore & Co. v. SampleSupreme Court of Alabama · 1842
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