Tarlton v. Herbert

Supreme Court of Alabama

Tarlton v. Herbert

4 Ala. 359

CourtSupreme Court of Alabama

DecidedJune 15, 1842

StatusPublished

Cited by1 cases

This text of 4 Ala. 359 (Tarlton v. Herbert) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tarlton v. Herbert, 4 Ala. 359 (Ala. 1842).

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Opinion

ORMOND, J.

The writ is sued out against John Tarlton and Seymore Bates, and returned executed on Tarlton alone. The declaration is against them as partners, and judgment by default against both.

The objection here taken is that the defendants should have been described on the writ as partners.

The general doctrine is, that upon general process the plaintiff may declare specially. [Tidd’s Practice, 403.] It was not therefore necessary to describe the defendants as partners in the writ; and as a service on one partner is,by statute,-a service on all, the judgment against both was correct, and must be affirmed.

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ORMOND, J.

The writ is sued out against John Tarlton and Seymore Bates, and returned executed on Tarlton alone. The declaration is against them as partners, and judgment by default against both.

The objection here taken is that the defendants should have been described on the writ as partners.

The general doctrine is, that upon general process the plaintiff may declare specially. [Tidd’s Practice, 403.] It was not therefore necessary to describe the defendants as partners in the writ; and as a service on one partner is,by statute,-a service on all, the judgment against both was correct, and must be affirmed.

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Bluebook (online)

4 Ala. 359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tarlton-v-herbert-ala-1842.

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