Legal Opinion

Baldridge v. Eason

Supreme Court of Alabama

Decided November 15, 1892PublishedCited by 22 opinions

AppeaIj from tbe Chancery Court of Madison. Heard before the Hon. Thos. Cobbs. Tbe bill in this case was filed by tbe appellants, William E. Baldridge and Chas. H. Halsey, against tbe appellee, John Thomas Eason ; and sought to have tbe sheriff enjoined from tbe levy of an execution issued on a judgment recovered by said Eason against tbe firm of Baldridge, Murray & Halsey.

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AppeaIj from tbe Chancery Court of Madison. Heard before the Hon. Thos. Cobbs. Tbe bill in this case was filed by tbe appellants, William E. Baldridge and Chas. H. Halsey, against tbe appellee, John Thomas Eason ; and sought to have tbe sheriff enjoined from tbe levy of an execution issued on a judgment recovered by said Eason against tbe firm of Baldridge, Murray & Halsey. Tbe bill alleges that tbe respondent, John Thomas Eason, sued tbe partnership of Baldridge, Murray &. Halsey in tbe Circuit Court of Madison county, and recovered in said suit a judgment by default against the said firm,…

1Opinion of the Court

COLEMAN, J.-

One of the main questions presented by the record, is whether the judgment recovered by appellee Eason in the Circuit Court against the firm of Baldridge, Murray & Halsey was joint and several in its legal effect as provided in section 2604 of the Code, or a judgment against the firm only as provided in section 2605 of the Code.

We are of the opinion that the pleading and the judgment entry show'that the judgment was rendered against the partnership as such only. In the caption of the complaint, the parties are stated as follows :

John Thomas Eason, Plaintiff,

vs.

Baldridge, Murray &…

2Cases cited6 opinions

  1. Yarbrough & Co. v. Bush & Co.Supreme Court of Alabama · 1881
  2. Ladiga Saw-Mill Co. v. SmithSupreme Court of Alabama · 1884
  3. Shapard v. LightfootSupreme Court of Alabama · 1876
  4. Haralson v. CampbellSupreme Court of Alabama · 1879
  5. Comer v. ReidSupreme Court of Alabama · 1890

1 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Kilgore & Son v. Shannon & Co.Alabama Court of Appeals · 1912
  2. Compton v. SmithSupreme Court of Alabama · 1897
  3. Norman Properties v. BozemanSupreme Court of Alabama · 1990
  4. Blackman v. Moore-Handley Hardware Co.Supreme Court of Alabama · 1894
  5. E. E. Yarbrough Turpentine Co. v. TaylorSupreme Court of Alabama · 1918

17 more not listed; retrieve them via the Exa API.

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