Register v. Carmichael
Supreme Court of Alabama
Assumpsit. Appear from Houston Circuit Court. Heard before Hon. H. A. Pearce. Assumpsit by M. E. Carmichael against M. E. Register. From a judgment sustaining demurrers to defendant’s special pleas, defendant appeals.
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Assumpsit. Appear from Houston Circuit Court. Heard before Hon. H. A. Pearce. Assumpsit by M. E. Carmichael against M. E. Register. From a judgment sustaining demurrers to defendant’s special pleas, defendant appeals. The court erred in sustaining demurrers to the plea. 1st, because the allegations of the pleas show that the suit is by one partner against another on partnership matters before settlement. — Newton v. Pittman, 98 Ala. 526; 4 Mayf. 411. Having filed her hill in chancery she is estopped to deny that the partnership existed.— Caldwell v. Smith, 77 Ala. 164. It is insisted that…
1Opinion of the Court
SAYRE. J.
Plaintiff (appellee) sued appellant, alleged to he doing business as the Register Company, for the sum due by account for goods, wares, and merchandise sold and delivered by plaintiff to defendant. An attachment writ in aid of the suit was levied upon a stock of goods in a storehouse occupied by the Register Company. Defendant pleaded specially in bar that before suit brought plaintiff had filed her bill in chancery, alleging that she and defendant were partners in the mercantile business, each owning an undivided half interest, and praying for a dissolution of the partnership and a…
2Cases cited4 opinions
- Hunnicutt v. HigginbothamSupreme Court of Alabama · 1903
- Lehman, Durr & Co. v. Van Winkle & Co.Supreme Court of Alabama · 1890
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Hill's Adm'r v. Huckabee's Adm'rSupreme Court of Alabama · 1881
3Cited by31 opinions
- Kingsbery v. Phillips Petroleum CompanyCourt of Appeals of Texas · 1958
- Williams, Et Ux. v. RobineauSupreme Court of Florida · 1936
- Frederickson v. NyeOhio Supreme Court · 1924
- First National Bank v. FlynnSupreme Court of Minnesota · 1933
- Grizzard v. FiteTennessee Supreme Court · 1916
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