Alexander Bros. v. Jones
Supreme Court of Alabama
Appeal from the Circuit Court of Colbert- Tried before the Hon. Henry C. Spkake. This action was brought by Alexander Brothers, a partnership composed of James E. Alexander, Percy Alexander, and Sydney J. Alexander, against Paul C. J ones; and was commenced by attachment, sued out on the 16th January, 1889, on the ground that the defendant had removed from the State, or had absconded, or secreted himself.
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Appeal from the Circuit Court of Colbert- Tried before the Hon. Henry C. Spkake. This action was brought by Alexander Brothers, a partnership composed of James E. Alexander, Percy Alexander, and Sydney J. Alexander, against Paul C. J ones; and was commenced by attachment, sued out on the 16th January, 1889, on the ground that the defendant had removed from the State, or had absconded, or secreted himself. The complaint claimed $200 “on an account for goods, wares and merchandise sold and delivered by plaintiffs to defendant during the year 1888.” At the trial term, no appearance having been…
1Opinion of the CourtMcCLELLAN, J.
The question presented by the record was under consideration at the last term, in another branch of this case, but a decision of it was then pretermitted as not being necessary to a determination of that appeal. Mr. Justice Clopton, delivering the opinion in that branch of the case, in speaking of the right of a partnership, one member of which Avas also a member of another firm AAdiich was indebted to the plaintiff partnership, to maintain an action against the other members of the debtor firm, had this to say : “At common law, one partnership can maintain no action against another, AArhen…
2Cases cited4 opinions
- Duramus v. HarrisonSupreme Court of Alabama · 1855
- Lacy v. Le BruceSupreme Court of Alabama · 1844
- Hall v. CookSupreme Court of Alabama · 1881
- Alexander Bros. v. King & Co.Supreme Court of Alabama · 1888
3Cited by2 opinions
- Rose v. BeckhamSupreme Court of Alabama · 1956
- First National Bank v. Cochran, Court of Common Pleas of Ohio, Hamilton County1901