Lanford v. Patton, Donegan & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before Hon. W. L. "Whitlock. The facts are stated in the opinion.
1Opinion of the CourtB. F. Saffold, J.
The appellees, suing in their firm name only, their Christian and surnames no where appearing in the proceedings, recovered a judgment by default against the appellant. He, on appeal, objects to the judgment for the omission .to set out their names properly.
In suits by a partnership; the rule is, that the names of the parties composing the firm should be stated with certainty. — 1 Chit. PI. 256. The failure to do this in judgment by default, nothing appearing in the proceedings by which an amendment could have been made, is a reversible error. Reid & Co. v. McLeod, 20 Ala. 576.
Partners in any…
2Cases cited1 opinion
- James Reid & Co. v. McLeodSupreme Court of Alabama · 1852
3Cited by9 opinions
- Long v. Kansas City, Memphis & Birmingham RailroadSupreme Court of Alabama · 1910
- Sims, Harrison & Co. v. Jacobson & Co.Supreme Court of Alabama · 1874
- Simmons v. Titche Bros.Supreme Court of Alabama · 1893
- Greer & Walker v. Liipfert-Scales Co.Supreme Court of Alabama · 1908
- Shepherd v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1937
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