Eslava v. Ames Plow Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before Hon. John Elliott. The action in this case was commenced on the 19th of January, 1870; the complaint being as follows : “Ames Plow Company vs. Celestjne Eslava, Late partner in firm of Elder & Eslava.
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Appeal from the Circuit Court of Mobile. Tried before Hon. John Elliott. The action in this case was commenced on the 19th of January, 1870; the complaint being as follows : “Ames Plow Company vs. Celestjne Eslava, Late partner in firm of Elder & Eslava. Circuit Court, Spring Term, 1870. The plaintiff, the Ames Plow Company of Boston, a corporate body duly incorporated by the laws of the State of Massachusetts, claim of the defendant, who was a partner with one James Elder in the firm of Elder & Eslava, $1,097.20, due from said firm of Elder & Eslava, by account, on the 16th day of February,…
1Opinion of the CourtB. F. Safford, J.
The appeal is upon the record only, without a bill of exceptions.
1. A corporation is a person for the purpose of a suit. Rev. Code, § 1; Const. Art. XIII, § 15.
2. By an act of the legislature “to regulate the practice in the circuit court of Mobile county,” approved February 28, 1870, and Rule 14, made in pursuance of it by the judge of that court, no attorney, or officer of the court, is permitted to be surety for costs, or surety on any bond required to be given in any case in that court. In this case the rule is inapplicable, as the suit was commenced before the passage, of the act.
3. Even…
2Cases cited1 opinion
- Tuskaloosa Wharf Co. v. Mayor of TuskaloosaSupreme Court of Alabama · 1863
3Cited by2 opinions
- Sullivan v. Sullivan Timber Co.Supreme Court of Alabama · 1893
- Ashurst v. Arnold-Henegar-Doyle Co.Supreme Court of Alabama · 1918