Long v. Kansas City, Memphis & Birmingham Railroad
Supreme Court of Alabama
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Action by J. B. Long and T. L. Long against the Kansas City, Memphis & Birmingham Railroad Company for destruction of houses by fire. Judgment for defendant and plaintiff appeals.
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Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Action by J. B. Long and T. L. Long against the Kansas City, Memphis & Birmingham Railroad Company for destruction of houses by fire. Judgment for defendant and plaintiff appeals. If a suit is instituted by parties who are partners, and one of the partners dies, the same should proceed in the name of the surviving partner. — Dams v. Davis, 93 Ala. 173; 9 South. 736; InsuraAice Go. v. Moog, 81 Ala. 335; 1 Qyc. 71-92. It is immaterial whether the partnership had been dissolved before the trial, and after the institution of…
1Opinion of the CourtMayfield, J.
This is an action in tort against the appellee railroad company for negligently setting fire to and destroying four houses, the property of J. B. & T. L. Long. The action as originally brought was by J. B. & T. L. Long. The complaint was subsequently amended by inserting, after the names of the plaintiffs, the words “doing business as J. B. & T. L. Long, a partnership.” On the day of the trial, it being made to appear that J. B. Long had died since the institution of the suit, the court made an order and directed that the cause proceed in the name of T. L. Long, the surviving partner. The…
2Cases cited7 opinions
- Perrott v. ShearerMichigan Supreme Court · 1868
- Anderson v. MillerTennessee Supreme Court · 1896
- Evans v. WelchSupreme Court of Alabama · 1879
- Clark v. WilsonMassachusetts Supreme Judicial Court · 1869
- Moore v. Burns & Co.Supreme Court of Alabama · 1877
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3Cited by35 opinions
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