Lister v. Vowell
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Tried before the Hon. John H. Bisque. This suit, was originally brought in the name of A. P. Ah)well, It. B. Vowell and J. A. Vowell, against T. W. Lister, and claimed of the defendant damgaes for wrongfully taking the following property, viz.: “One 15 horse power boiler and Peerless engine, .one saw mill and fixtures, and 26,01)0 feet of lumber.” The complaint was amended by adding after the name of T. AV.
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Appeal from the City Court of Gadsden. Tried before the Hon. John H. Bisque. This suit, was originally brought in the name of A. P. Ah)well, It. B. Vowell and J. A. Vowell, against T. W. Lister, and claimed of the defendant damgaes for wrongfully taking the following property, viz.: “One 15 horse power boiler and Peerless engine, .one saw mill and fixtures, and 26,01)0 feet of lumber.” The complaint was amended by adding after the name of T. AV. Lister, the defendant, the following words: “As sheriff of Etowah County.” The defendant made a motion to strike this amendment, on the ground that…
1Opinion of the CourtSharpe, J.
— Upon the theory that the plaintiffs were partners and were suing for the taking of their partnership property, the action was properly brought in their individual names, and the amendment describing the plaintiffs as partners if not necessary to be made did not make any change of parties. Since a partnership is not a person, either natural or artificial, it cannot sue as a party plaintiff in the firm name. — Moore & McGee v. Burns & Co., 60 Ala. 269; Lanford v. Patton, Donegan & Co., 44 Ala. 584. The addition of the firm name “Vowell Lumber Co.,” whereby it appears in the complaint as a…
2Cases cited2 opinions
- Moore v. Burns & Co.Supreme Court of Alabama · 1877
- Lanford v. Patton, Donegan & Co.Supreme Court of Alabama · 1870
3Cited by9 opinions
- United States Fidelity & Guaranty Co. v. Union Trust & Savings Co.Supreme Court of Alabama · 1904
- Phillips v. HolmesSupreme Court of Alabama · 1910
- Williams v. WilsonSupreme Court of Alabama · 1920
- Most Worshipful Grand Lodge of Alabama Ancient Free & Accepted Masons v. AllenSupreme Court of Alabama · 1922
- Reeves v. McNeillSupreme Court of Alabama · 1899
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