Comer v. Reid
Supreme Court of Alabama
Petition for Supersedeas of Execution. Appeal from the City Court of Anniston. Tried before T. R. Matthews, as special judge. This was a petition by Mrs. Louisa Reid and others, for the supersedeas of an execution against them on a judgment in favor of Oomer & Trapp. The court overruled a demurrer to the petition, and the judgment thereon is now assigned as error.
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Petition for Supersedeas of Execution. Appeal from the City Court of Anniston. Tried before T. R. Matthews, as special judge. This was a petition by Mrs. Louisa Reid and others, for the supersedeas of an execution against them on a judgment in favor of Oomer & Trapp. The court overruled a demurrer to the petition, and the judgment thereon is now assigned as error. The opinion states the facts on which the proceeding was based. 1 cited Summerhill v. Trapp, 48 Ala. 363; Mervine v. Parker, 18 Ala. 241; Matthews v. Robinson, 20 Ala. 130; Mudge v. Treat, 57 Ala. 1; Yarborough v. Bush, 69 Ala. 170.…
1Opinion of the CourtStone, C. J.
— It is certainly true, as a general proposition, that the death of one partner ipso facto dissolves the partnership.- — Espey v. Comer, 76, Ala. 501; Davis v. Sowell, 77 Ala. 262; Lindley on Partnership, 993.
The present suit was instituted by Oomer & Trapp against a partnership known as N. H. Reid & Oo. The partnership was composed of two members, but their names were not shown in the proceedings. The suit was against the firm in its firm name, under section 2605 of the Code of 1886, which is in the following language: uTwo or more persons associated together as partners in any business or…
2Cases cited7 opinions
- Davis v. Sowell & Co.Supreme Court of Alabama · 1884
- Yarbrough & Co. v. Bush & Co.Supreme Court of Alabama · 1881
- Ladiga Saw-Mill Co. v. SmithSupreme Court of Alabama · 1884
- McCoy v. WatsonSupreme Court of Alabama · 1874
- Wyman, Moses & Co. v. StewartSupreme Court of Alabama · 1868
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3Cited by6 opinions
- Ewart v. CunninghamSupreme Court of Alabama · 1929
- Baldridge v. EasonSupreme Court of Alabama · 1892
- Woodfin v. CurrySupreme Court of Alabama · 1934
- Ratchford v. Covington County Stock Co.Supreme Court of Alabama · 1911
- Herren v. Harris, Cortner & Co.Supreme Court of Alabama · 1918
1 more not listed; retrieve them via the Exa API.