Berger v. Dempster
Supreme Court of Alabama
Appeal from Circuit Court, Lauderdale County; C. P. Almon, Judge. Action by George R. Dempster against Knox Berger, begun by attachment, in assumpsit. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Lauderdale County; C. P. Almon, Judge. Action by George R. Dempster against Knox Berger, begun by attachment, in assumpsit. Judgment for plaintiff, and defendant appeals. Count 4 is as follows: Plaintiff claims of the defendant the sum of §1,680.87. In this, that at one time plaintiff and defendant were interested in the partnership known as the Dempster-Berger Company, which had ceased to operate, and after its assets were disposed of there remained outstanding bills due and owing various creditors for which plaintiff and defendant were liable, and on, to wit,…
1Opinion of the CourtAnderson, C. J.
[1] The defendant filed a demurrer to count 4, and assigns as error the action of the trial court in overruling said demurrer to count 4. The judgment entry recites the filing of demurrer to the complaint and the overruling of same. The complaint contains four counts, and from aught that appears from the judgment entry .there waá no specific ruling upon a demurrer to count 4.Alabama Chemical Co. v. Niles, 156 Ala. 298, 47 South. 239.
£2-4] We, of course, realize and appreciate the general rule that only the chancery court can settle partnership accounts between partners, but think that the…
2Cases cited10 opinions
- Hackett v. CashSupreme Court of Alabama · 1916
- Finney v. Studebaker Corp. of AmericaSupreme Court of Alabama · 1916
- Thompson v. CollierSupreme Court of Alabama · 1911
- Goldsmith v. Eichold Bros. & WeissSupreme Court of Alabama · 1891
- Alabama Chemical Co. v. NilesSupreme Court of Alabama · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Sims v. Alabama Water Co.Supreme Court of Alabama · 1920
- Liverpool London Globe Ins. Co v. McCreeSupreme Court of Alabama · 1924
- J. C. Byram & Co. v. LivingstonSupreme Court of Alabama · 1932
- Alabama Power Co. v. FergusenSupreme Court of Alabama · 1920
- Yates v. BarnettSupreme Court of Alabama · 1927
9 more not listed; retrieve them via the Exa API.