Stix & Co. v. Keith
Supreme Court of Alabama
Appeal from the Circuit Court ui Jackson. Tried before f "Ton. John P Tally. This action wu.- Drought by P. W. Keith, against the appellants, 'Prcantile partnership, to recover damages for the allegea illegal seizure of a stock of goods, which the plaintiff had purchased from one C. M. Pennell, and on which an attachment vas levied, at the suit of the defendants, as the property -'f said Eennell..
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Appeal from the Circuit Court ui Jackson. Tried before f "Ton. John P Tally. This action wu.- Drought by P. W. Keith, against the appellants, 'Prcantile partnership, to recover damages for the allegea illegal seizure of a stock of goods, which the plaintiff had purchased from one C. M. Pennell, and on which an attachment vas levied, at the suit of the defendants, as the property -'f said Eennell.. Bef.-ie entering on the trial, the defendants demanded a struck jury; and a list of twenty-four persons having been drawn and furnished, they moved the court to quash and set aside the sa J special…
1Opinion of the Court
STONE, 0. J.
On the 19th day of December, 1884, Keith purchased from Fennell a half interest in a stock of *468merchandise, and became his equal partner in the business. Twenty days later — January 9,1885 — he purchased the other half interest, and continued the business in his individual name. He did not purchase any interest in Fennell’s bills receivable, nor is there testimony in the record tending to prove their amount or value. It is neither proved nor claimed that Keith assumed Fennell’s debts in either of these purchases. The uncontroverted testimony is, that Keith, for the undivided half…
2Cases cited15 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Pollock & Co. v. GanttSupreme Court of Alabama · 1881
- Harrington v. StateSupreme Court of Alabama · 1887
- Baucum v. GeorgeSupreme Court of Alabama · 1880
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Welsh v. StateSupreme Court of Alabama · 1892
- Hinds v. KeithCourt of Appeals for the Fifth Circuit · 1893
- Harris v. StateAlabama Court of Appeals · 1927
- Freider v. Lienkauff & StraussSupreme Court of Alabama · 1890
- People's United States Bank v. GilsonCourt of Appeals for the Eighth Circuit · 1908
8 more not listed; retrieve them via the Exa API.