Adams v. Atkison
Supreme Court of Alabama
Appeal from Barbour Chancery Court. Heard before Hon. Lucian D. Gardner. Bill by J. D. Adams against D. G. Adkinson for the settlement of a partnership. Decree for respondent and complainant appeals. The allegations of the bill are admitted and no proof is required. — Prestridge v. Wallace, 46 S'outh. 970; Berry L. Co. v. Garner, 142 Ala. 488; Grady v. Robinson, 28 Ala. 289; Moog, et al. v. Barrow, 101 Ala. 209. The court erred in refusing to grant relief. — Ala.
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Appeal from Barbour Chancery Court. Heard before Hon. Lucian D. Gardner. Bill by J. D. Adams against D. G. Adkinson for the settlement of a partnership. Decree for respondent and complainant appeals. The allegations of the bill are admitted and no proof is required. — Prestridge v. Wallace, 46 S'outh. 970; Berry L. Co. v. Garner, 142 Ala. 488; Grady v. Robinson, 28 Ala. 289; Moog, et al. v. Barrow, 101 Ala. 209. The court erred in refusing to grant relief. — Ala. G. I. School v. Reynolds, 143 Ala. 579; Ycnmg v. Powell, 87 M. O. 128; Harris v. Harris, 132 Ala. 208; Haynes v. Short, 88 Ala.…
1Opinion of the CourtSimpson, J.
The bill in this case was filed by the appellant against the appellee for the settlement of a partnership. The answer sets up the defense that a settlement of the partnership had been made, and the only reply of the complainant is that said settlement was merely a division of the goods on hand and did not settle the partnership business.
The answer does not point out, or designate particularly, any part of the partnership business which is left unsettled, and the evidence shows that certain parties were appointed by the complainant “to make final settlement of the partnership affairs;” that…
2Cases cited4 opinions
- Scheuer v. BerringerSupreme Court of Alabama · 1893
- Cowan v. JonesSupreme Court of Alabama · 1855
- Desha v. SmithSupreme Court of Alabama · 1852
- Harris v. HarrisSupreme Court of Alabama · 1902