Vinegar Bend Lumber Co. v. Hamilton-Brown Shoe Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Washington. Tried 'before the Hon. A. H. Alston. This action was brought by the appellee, the Hamilton-Brown Shoe Company, against the appellant; and counted upon the common counts for goods,' wares and merchandise sold by the'plaintiff to the defendants. The manner in which the parties to the case were styled in the complaint is shown by the opinion.
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Appeal from the Circuit Court of Washington. Tried 'before the Hon. A. H. Alston. This action was brought by the appellee, the Hamilton-Brown Shoe Company, against the appellant; and counted upon the common counts for goods,' wares and merchandise sold by the'plaintiff to the defendants. The manner in which the parties to the case were styled in the complaint is shown by the opinion. A copy of the summons and complaint was served upon ■ all three of the • alleged partners, and they all appeared and pleaded. Yerda Turner pleaded coverture and also that she was not a member of the firm, and did…
1Opinion of the CourtDowdell, J.
This was an action upon the common counts, brought by the Hamilton Brown Shoe Company, .a corporation., In the complaint the parties to the cause are styled as the “Hamilton Brown Shoe Co., a corporation, v. Noel E. Turner, Herbert Turner and Verda E. Turner, partners doing business under the name of Vinegar Bend. Lumber Co.” In subsequent pleading's, both by plaintiffs and defendants, the parties are styled in the captions of the pleadings as “Hamilton Brown Shoe Co. v. Vinegar Bend Lumber Co.” That the pleadings, including their captions, may be looked to to determine who are the defendants…
2Cases cited4 opinions
- Dollins & Adams v. Pollock & Co.Supreme Court of Alabama · 1889
- McCaskey & Ratcliff v. Pollock & CoSupreme Court of Alabama · 1886
- Blackman v. Moore-Handley Hardware Co.Supreme Court of Alabama · 1894
- Burdeshaw & Co. v. Comer & Co.Supreme Court of Alabama · 1895
3Cited by3 opinions
- I. Epstein & Brother v. First National BankSupreme Court of Florida · 1926
- Goldberg v. Wharf ConstructersDistrict Court, N.D. Alabama · 1962
- Howton v. E. I. Du Pont De Nemours & Co.Supreme Court of Alabama · 1926