Bissell v. Carville & Co.
Supreme Court of Alabama
Whit of error to the Circuit Court of Dallas. This was an action of assumpsit at the suit of the defendants ill error, against the plaintiffs, for the recovery of the sum of three hundred and eighty-seven dollars and ninety-three cents.
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Whit of error to the Circuit Court of Dallas. This was an action of assumpsit at the suit of the defendants ill error, against the plaintiffs, for the recovery of the sum of three hundred and eighty-seven dollars and ninety-three cents. The writ having been executed by an acknowledgment of service, the following judgment was rendered: “This day came plaintiffs, by their attorneys, and the defendants, by Joseph P. Snffold, to whom a power of attorney was executed, to confess a judgment in this case — which power of attorney is filed with the papers in the cause, confesses a judgment in favor…
1Opinion of the CourtCollier, C. J.
1. It is insisted, that as the defendants below were not served with process bjr the sheriff, but the only evidence of the service is, the appearance of their names subscribed thus, “Bissell & Carville,” to an acknowledgment, it should have been shewn to the circuit court that the acknowledgment was genuine, and made by the authority of both; more especially as it appeared from the writ, that the partnership was at an end. It is clear that one partner cannot, after a dissolution of the partnership, accept the service of process in the name of the firm; and it is equally well settled, that…
2Cases cited1 opinion
- Hodges v. Ashurst & SonsSupreme Court of Alabama · 1841
3Cited by8 opinions
- Thompson v. LeaSupreme Court of Alabama · 1856
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Anders Bros. v. LatimerSupreme Court of Alabama · 1917
- Elliott v. Holbrook, Carter & Co.Supreme Court of Alabama · 1859
- Hearn v. StateSupreme Court of Alabama · 1878
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