Compton v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. J. J. Banks. This action was brought by the appellee, J. W. Smith, against D. C. Compton and F. M. Compton, partners doing business under the style of D. C. Compton & F. M. Compton.” The complaint counted upon promissory notes executed by defendants.
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Appeal from the Circuit Court of Marengo. Tried before the Hon. J. J. Banks. This action was brought by the appellee, J. W. Smith, against D. C. Compton and F. M. Compton, partners doing business under the style of D. C. Compton & F. M. Compton.” The complaint counted upon promissory notes executed by defendants. The defendants filed a plea of the general issue and a special plea denying the indebtedness as set forth in the complaint, and the defendant, F. M. Compton, filed a plea of coverture, which is set out in the opinion. The principal facts of the case, which show the rulings presented…
1Opinion of the CourtHaralson, J.
The complaint in the suit was by John W. Smith, the appellee, against the appellants, D. O. Compton and F. M. Compton, partners doing business under the style of D. C. Compton & F. M. Compton. The summons follows the complaint. The notes sued on were signed by the defendants individually, and there is nothing on their face to indicate a partnership between them. This, as we have held, made it a suit against these parties as individuals and not against them as partners.—Baldridge v. Eason, 99 Ala. 516.
1. The real issue in the case, under the plea on which it was tried, was whether or not the…
2Cases cited11 opinions
- Ward v. StoutIllinois Supreme Court · 1863
- Reed Lumber Co. v. LewisSupreme Court of Alabama · 1891
- Baldridge v. EasonSupreme Court of Alabama · 1892
- O'Neil v. Birmingham Brewing Co.Supreme Court of Alabama · 1893
- Summerhill v. TappSupreme Court of Alabama · 1875
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3Cited by13 opinions
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Marcrum v. SmithSupreme Court of Alabama · 1921
- Cragford Bank v. CummingsSupreme Court of Alabama · 1927
- Ex Parte WhittSupreme Court of Alabama · 1939
- Bond v. HarrisonSupreme Court of Georgia · 1934
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