Hattiesburg Hardware Co. v. Pittsburg Steel Co.
Mississippi Supreme Court
Appeal from the circuit court of Forest county. Hon. P. B. Johnson, Judge. Suit by the Pittsburg Steel Company against M. J. Fairley and others,.doing business as partners under the firm name of the Hattiesburg Hardware Company. From a judgment rendered, all the defendants except Dan Fairley appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Forest county. Hon. P. B. Johnson, Judge. Suit by the Pittsburg Steel Company against M. J. Fairley and others,.doing business as partners under the firm name of the Hattiesburg Hardware Company. From a judgment rendered, all the defendants except Dan Fairley appeals. The facts are fully stated in the opinion of the court. The record shows upon its face that the Hattiesburg Hardware Company is a partnership composed, according fo the allegations of the declaration and the recitals in the process issued thereon of M. J. Fairley, E. R. Fairley, Dan Fairley and…
1Opinion of the CourtSmith, C. J.
This is a suit in assumpsit instituted by appellee ■against M. J. Fairley, E. R. Fairley, Dan Fairley, and 'Neil Fairley, alleged to be doing business as partners under the firm name of Hattiesburg Hardware Company. Hpon the filing of plaintiff’s declaration a summons was duly issued for defendants; the return of the sheriff ihereon being that:
“I have this day executed the within writ personally by delivering to the within named M. J. Fairley a true copy of this writ this 23d day of October, 1915.”
*667The cause came on to be heard in due course in the ■court below, and a judgment bv default was…
2Cases cited3 opinions
- Pouns v. GartmanMississippi Supreme Court · 1855
- Steele v. PalmerMississippi Supreme Court · 1866
- Barker v. ShepardMississippi Supreme Court · 1868
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- Wise v. CobbMississippi Supreme Court · 1924
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