Seymour & Sons v. Thomas Harrow Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Eayette. Tried before the Hon. S. H. Sprott. This was an action by the appellee, “The Thomas Harrow Company,” against the appellants, I. Seymour, A. I. Seymour and William I. Seymour, partners under the name of I. Seymour & Sons, on a promissory note. In the body of the complaint, and in the judgment-entry, appellee is referred to as the “plaintiffs.”
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Appeal from the Circuit Court of Eayette. Tried before the Hon. S. H. Sprott. This was an action by the appellee, “The Thomas Harrow Company,” against the appellants, I. Seymour, A. I. Seymour and William I. Seymour, partners under the name of I. Seymour & Sons, on a promissory note. In the body of the complaint, and in the judgment-entry, appellee is referred to as the “plaintiffs.” It is not averred in the complaint, that the plaintiff is a corporation, and there is no averment therein as to waiver of exemptions by the defendants in the note sued on. On the writ was an endorsement of…
1Opinion of the CourtClopton, J.
— The appeal is taken from a judgment by default, rendered in a suit brought by appellee against appellants on a promissory note made by them, and payable to plaintiff, as it appears from the complaint. It is not averred, that the plaintiff is a corporation, or an unincorporated company, or a partnership. "When a suit is brought by a partnership or an unincorporated company, the individual members are proper and necessary parties, and their names should be set forth in the complaint; but when the suit is by a corporation, it is unnecessary to aver the corporate existence of the plaintiff, or…
2Cases cited6 opinions
- Mackenzie v. Board of School TrusteesIndiana Supreme Court · 1880
- Cunningham v. FontaineSupreme Court of Alabama · 1854
- Stanly v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
- Union Mutual Insurance v. Osgood & AldenThe Superior Court of New York City · 1853
- Harris v. MartinSupreme Court of Alabama · 1865
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3Cited by30 opinions
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- State v. EstesOregon Supreme Court · 1898
- City of Huntsville v. GoodenrathAlabama Court of Appeals · 1915
- State v. ToliverSupreme Court of Kansas · 1921
- Ex Parte WrightSupreme Court of Alabama · 1932
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