Berlin v. Sheffield Coal, Iron & Steel Co.
Supreme Court of Alabama
Atteal from Colbert Circuit Court. Tried before Hon. Thomas It-. Rouliiao. William H. Berlin brought this suit against the Sheffield Coal, Iron & Steel Company to recover a sum of money which he alleged “was advanced to and for the defendant in the organization and promotion of the organization of the defendant company for the payment of which the defendant is liable.”
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Atteal from Colbert Circuit Court. Tried before Hon. Thomas It-. Rouliiao. William H. Berlin brought this suit against the Sheffield Coal, Iron & Steel Company to recover a sum of money which he alleged “was advanced to and for the defendant in the organization and promotion of the organization of the defendant company for the payment of which the defendant is liable.” The plaintiff having died pending the suit it was.revived in the name of Hattie M. Berlin as his administratrix by appointment in the State of Pennsylvania.. When the plaintiff had introduced her evidence, the defendant moved…
1Opinion of the CourtTyson, J.
The reason assigned by the trial judge for directing a non-suit on motion of the defendant against the objection of the plaintiff, was that “Samuel Adams was a necessary party plaintiff in this cause.”
It appears that the only pleas filed by the defendant were, the general issue, payment, set-off, want of consideration and failure of consideration. In some jurisdictions, under the plea of the general issue, where the action is ex contractu, advantage may be taken by defendant of non-joinder of parties plaintiff.” As a general rule, the objection of the non-joinder of proper parties should be…
2Cases cited2 opinions
- Hatchett v. BerneySupreme Court of Alabama · 1880
- Cloud v. Golightly's adm'rSupreme Court of Alabama · 1843
3Cited by9 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Irvin v. IrvinSupreme Court of Alabama · 1922
- City of Albany v. SpraginsSupreme Court of Alabama · 1922
- Canfield v. ScrippsCalifornia Court of Appeal · 1936
- Becker Roofing Co. v. PikeSupreme Court of Alabama · 1935
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