56 Ala. 506 | Ala. | 1876
The complaint discloses the individual names of the partners who, it is averred, were doing business under the firm name and style of the “Alabama and Georgia Contracting Company.” It also discloses a cause of action against the partnership; and there is no fact appearing on the record indicating a termination or dissolution of the partnership when suit was commenced. The summons pursues the complaint, and the return of the sheriff, made on it, is, that it was executed by leaving a copy of summons and complaint with one of the partners. A judgment by default was rendered, against all the partners; and this is now assigned as error. The judgment was unauthorized. The statute (Clay’s Dig. 328, § 63) which declared the service
The judgment is reversed, and the cause remanded.