Collins & Co. v. Hyslop & Son
Supreme Court of Alabama
Error to the Circuit Court of St. Clair. Motion for judgmant nunc pro tunc. From the record it appears, that on the 13th March, 1839, a writ issued to take the bodies of Jesse A. Collins, and John Collins, merchants and partners, using the style J. °A. Collins & Co., to answer Robert Hyslop, and William Irving Hyslop, merchants and partners, using the name and style of Robert Hyslop & Son, in a plea of trespass on the case, &c.
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Error to the Circuit Court of St. Clair. Motion for judgmant nunc pro tunc. From the record it appears, that on the 13th March, 1839, a writ issued to take the bodies of Jesse A. Collins, and John Collins, merchants and partners, using the style J. °A. Collins & Co., to answer Robert Hyslop, and William Irving Hyslop, merchants and partners, using the name and style of Robert Hyslop & Son, in a plea of trespass on the case, &c. Indorsed on the writ is an acknowledgment by both defendants, of service of the writ. The declaration filed at the return term, pursues the writ in the description of…
1Opinion of the CourtOrmond, J.
We are strongly inclined to the opinion that this judgment did not require amendment, and that the terms plaintiffs, and defendants, referred to the previous proceedings in the cause, the writ and declaration, and thereby became sufficiently certain to authorize an execution to issue thereon, in the name of, and against those indicated in the pleadings, as the plaintiffs and defendants. [The State Bank v. Smith, 5 Ala. R. 26.] It is no objection whatever, that the names of the parties are not set out at full length in the memorandum of the style of the cause, made by the clerk. It is…
2Cited by11 opinions
- Burgin v. SuggSupreme Court of Alabama · 1923
- McDaniel v. JohnstonSupreme Court of Alabama · 1895
- Bolling v. SpellerSupreme Court of Alabama · 1892
- Flack v. AndrewsSupreme Court of Alabama · 1888
- Jackson v. ShipmanSupreme Court of Alabama · 1856
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