Thompson v. Roberts & Co.
Thompson v. Roberts & Co.
Opinion of the Court
This was an action brought by “J. C. Roberts & Co.” against the appellants, Nancy Thompson and J. W. Akin. The judgment appealed from is thus set forth in the transcript: ‘ ‘This day come the plaintiffs by attorney, and also come one of the - defendants, J. W. Akin, who pleads nonest factum, andissue being joined, whereupon came a jury of good and lawful men, to-wit, J. G-. Harper, and eleven others, who being empannelled,
This court holds that this judgment is not such a judgment as will support an appeal. The appeal is, therefore, dismissed.—Bell v. Otts, 101 Ala. 186 ; Wright v. State, 108 Ala. 60.
The court in its opinion says as follows : “We deem it proper to suggest, without deciding anything on the point, that the suit is brought in the plaintiffs’ partnership name without setting out the names of the individual partners composing the firm. See Simmons v. Fitche Bros., 102 Ala. 317 ; Foreman v. Weil Bros., 98 Ala. 495 ; Moore v. Burns, 60 Ala. 269 ; and as to waiver of exemptions as to personal property, we refer to sections 2568 and 2570 of the Code.—Fears v. Thompson, 82 Ala. 294; Hutchinson v. Powell, 92 Ala. 619." The appeal is dismissed.
Opinion by
Case-law data current through December 31, 2025. Source: CourtListener bulk data.