Cox v. Cox
Supreme Court of Alabama
Assumpsit, by defendant in error, in the Circuit Court of Madison ; and the plaintiff declared a,gainst the defendants, copartners in trade, for certain goods, wares, and merchandize, before the commencement of the suit, sold and delivered. It appeared, from the writ, that it had been executed upon two of the partners, and returned non est inventus, as to one.
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Assumpsit, by defendant in error, in the Circuit Court of Madison ; and the plaintiff declared a,gainst the defendants, copartners in trade, for certain goods, wares, and merchandize, before the commencement of the suit, sold and delivered. It appeared, from the writ, that it had been executed upon two of the partners, and returned non est inventus, as to one. In support of his claim, the plaintiff offered the deposition of a witness, which had been taken, on an affidavit, that he was about to leave the State : also, the answer of the defendants to a bill in Chancery, filed for the discovery…
1Opinion of the Court
By Mr. Justice Hitchcock :
This was an action of assumpsit, brought by the defendant in error against the plaintiffs in error, as partners, for goods sold and d elivered. The writ was served upon H. and J. H. Lewis, and returned not found, as to Cox. The declaration is' against them all: they all *535pleaded jointly, non-assumpsit, &c. and a verdict and judgment were liad against them in the Court below.
At the trial at bar, the deposition of William B. Scruggs was read by the plaintiff, to which exception was taken by the defendants, on the ground, that notice of the time and place of taking the…
2Cases cited2 opinions
- Nourse v. GregoryCourt of Appeals of Kentucky · 1823
- Ferguson v. WatersCourt of Appeals of Kentucky · 1814
3Cited by2 opinions
- City of Prichard v. HawkinsSupreme Court of Alabama · 1951
- Williams v. Wann ex rel. LewisIndiana Supreme Court · 1847