Legal Opinion

Pierce & Campbell v. Whitley

Supreme Court of Alabama

Decided June 15, 1863PublishedCited by 4 opinions

Appeal from tbe Chancery Court of Dallas. Heard before the Hon. James B. Clask. The bill in this case was filed, on the 15th November, 1859, by George Whitley, against Thomas B. Pierce and Peter Campbell, ashing the dissolution of an alleged partnership between the complainant and the defendants, and a settlement of the partnership accounts.

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Appeal from tbe Chancery Court of Dallas. Heard before the Hon. James B. Clask. The bill in this case was filed, on the 15th November, 1859, by George Whitley, against Thomas B. Pierce and Peter Campbell, ashing the dissolution of an alleged partnership between the complainant and the defendants, and a settlement of the partnership accounts. The partnership between the parties, according to the allegations of the bill, commenced on the 1st June, 1855, and was to continue for the term of five years ; and the partnership business — that of a foundry and machine shop in Selma — was carried on by…

1Opinion of the CourtR. W. Walker, J.

The question in this case is altogether one of fact, depending upon evidence which it would *174be difficult, if not indeed impossible, to reconcile. Anything like a minute discussion of this evidence would be unprofitable, occupying much space, but settling no legal principle, and establishing no precedent for the decision of other cases. We therefore content ourselves with saying that, after a careful consideration of the testimony, we concur with the chancellor in thinking that the weight of the evidence establishes the existence of a partnership substantially as alleged by the complainant.

The…

2Cases cited1 opinion

  1. Stein v. RobertsonSupreme Court of Alabama · 1857

3Cited by4 opinions

  1. Setzer v. BealeWest Virginia Supreme Court · 1882
  2. Reeves v. JordanSupreme Court of Alabama · 1916
  3. Gilbert v. . Machine Co.Supreme Court of North Carolina · 1908
  4. Gilbert v. Howard Automatic Machine Co.Supreme Court of North Carolina · 1908

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