Letson v. Hall
Alabama Court of Appeals
Appeal from Bessemer City Court. Heard before Hon. William Jackson. Action by A. J. Letson against J. W. Hall, as surviving partner, Judgment for defendant and plaintiff appeals. The court erred in overruling demurrers to the 2nd plea. — Sec. 3969, Code 1907; 4 Mayf.
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Appeal from Bessemer City Court. Heard before Hon. William Jackson. Action by A. J. Letson against J. W. Hall, as surviving partner, Judgment for defendant and plaintiff appeals. The court erred in overruling demurrers to the 2nd plea. — Sec. 3969, Code 1907; 4 Mayf. Dig. 386. The demurrers to the 4th plea as an answer to the 3rd count of the complaint should have been sustained. — Form 33, p. 1201, Code 1907. The notes and mortgages should have been admitted in evidence. — Guscott v. Roden & Go., 112 Ala. 657. The court erred in granting the motion to exclude the evidence and in giving the…
1Opinion of the CourtDb Graffenried, J.
1. The burden of proving a partnership rests on the plaintiff, who sues the defendants as partners, but he is only required to make out a prima facie case. If the plaintiff, in such case, offers sufficient proof to make out, prima facie, the evistence of the partnership, the burden is then shifted to the defendants to prove that they were not in fact partners.—Clark v. Jones, 87 Ala. 474, 6 South. 362.
The existence of a partnership may be shown by oral evidence. It may be shown, just as the existence of any other questioned fact may be shown, by circumstantial evidence. In McGrew v. Walker,…
2Cases cited5 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Clark v. Jones & BrotherSupreme Court of Alabama · 1888
- Jones v. SimsSupreme Court of Alabama · 1837
- McGrew v. WalkerSupreme Court of Alabama · 1850
- Haug v. HaugAppellate Court of Illinois · 1900
3Cited by4 opinions
- Ex Parte DriverSupreme Court of Alabama · 1951
- Paddock, Smith, Etc. v. Waay TelevisionCourt of Civil Appeals of Alabama · 1982
- Paterson v. Mobile Steel Co.Supreme Court of Alabama · 1919
- Letson v. HallAlabama Court of Appeals · 1912