Supreme Court of Alabama, 1906

Johnson v. First National Bank

Supreme Court of Alabama · Decided February 8, 1906 · Anderson, Denson, Haralson, Simpson, Tyson

145 Ala. 378; 40 So. 78; 1906 Ala. LEXIS 440

Cases that cite this one

3 later published cases cite this decision.

Reynolds v. Scott (Ala. 1952)
Greenstein v. 1st National Bank (Ala. 1908)
State Ex Rel. Palmer v. Gray (Fla. 1927)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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