Johnson v. First National Bank

Supreme Court of Alabama
Johnson v. First National Bank, 145 Ala. 378 (Ala. 1906)
40 So. 78; 1906 Ala. LEXIS 440
Anderson, Denson, Haralson, Simpson, Tyson

Johnson v. First National Bank

Opinion of the Court

DENSON, J.

In the summons the plaintiffs are described as A. S. Johnston, W. D. Nesbitt, and W. D. Carr, partners as Johnston, Nesbitt & Co., and the coinplaint *379follows the summons. This made the suit one by the plaintiffs as individuals, and not one in the name of the partnership; the word:-; “'partners as Johnston, Nesbitt & Co.” being merely deseriptio personae. — Baldridge v. Eason, 99 Ala. 516, 13 South. 74 ; Compton v. Smith, 120 Ala. 233, 25 South. 300 ; Bolling v. Speller, 96 Ala. 269 ; 11 South. 300. Moreover the suit could not have properly been brought in the name of the partnership.— Moore v. Burns, 60 Ala. 269 ; Lanford v. Patton, 44 Ala. 584.

The certificate of the clerk shows the appeal was taken by a partnership, and not by the plaintiffs, as designated in the summons and complaint. It follows that we cannot entertain the appeal, and it must he dismissed. Appeal disndssed.

Haralson, Tyson, Simpson, and Anderson, JJ., concur.

Reference

Full Case Name
Johnson, Nesbitt & Co. v. First National Bank of Gadsden
Cited By
3 cases
Status
Published