Yarbrough & Co. v. Bush & Co.
Supreme Court of Alabama
Appeal from Geneva Circuit Court. Tried before lion. II. I). Clayton. This suit was commenced by attachment against C. S. Yarbrough & Co., a partnership, by its firm name, without stating in the affidavit, bond, writ or complaint the names of the individuals composing the firm.
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Appeal from Geneva Circuit Court. Tried before lion. II. I). Clayton. This suit was commenced by attachment against C. S. Yarbrough & Co., a partnership, by its firm name, without stating in the affidavit, bond, writ or complaint the names of the individuals composing the firm. The attachment was levied on. a stock of goods, wares and merchandise “ of the said firm of C. S. Yarbrough ■& Co.” The record fails to disclose on whom the notice of the attachment was served; and the only appearance was by Julia A. Elernming, a married woman, who pleaded that at the time of making the contract sued…
1Opinion of the CourtSomeryille, J.
It is provided by section 2901 of the-present Code, 1876, that partners, associated together in any lousiness or pursuit, who transact business under a common name,, whether it comprise the names of such persons or not, “maybe sued by their common oíame, and the summons in snch case being served on one or more of the associates, the judgment in the action binds the joint property of all the associates, in the same manner as if all had been named as defendants, had been sued upon their joint liability, and served with process.”
The present suit was brought under this section, by the appellees…
2Cases cited4 opinions
- Moore v. Burns & Co.Supreme Court of Alabama · 1877
- McCoy v. WatsonSupreme Court of Alabama · 1874
- Wyman, Moses & Co. v. StewartSupreme Court of Alabama · 1868
- Haralson v. CampbellSupreme Court of Alabama · 1879
3Cited by14 opinions
- LeGrand v. Eufaula National BankSupreme Court of Alabama · 1886
- Baldridge v. EasonSupreme Court of Alabama · 1892
- Goldberg v. Wharf ConstructersDistrict Court, N.D. Alabama · 1962
- Atlantic Glass Co. v. PaulkSupreme Court of Alabama · 1887
- Woodfin v. CurrySupreme Court of Alabama · 1934
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