Two or more persons associated together as partners in any business or pursuit who transact business under a common name, whether it comprises the names of such persons or not, may be sued by their common name in all civil actions, whether hitherto denominated as legal or equitable in nature; and the judgment in the action binds the joint property of all the associates in the same manner as if all had been named defendants, had been sued upon their joint liability and served with process. Any one or more of the associates, or their legal representatives, may also be sued for the obligation of all.
(Code 1852, §2142; Code 1867, §2538; Code 1876, §2904; Code 1886, §2605; Code 1896, §40; Code 1907, §2506; Code 1923, §5722; Code 1940, T. 7, §141.)
Notes of Decisions
Ex Parte Burr & Forman, LLP, 5 So. 3d 557 (Ala. 2008).
· cites it 2× “Clair County action because, under Ala.Code 1975, § 6-7-70, a partnership can be sued without having to name the individual partners.”
Duncan, Inc. v. Head, 519 So. 2d 1305 (Ala. 1988).
· cites it 2× “Let the judgment of the trial court be affirmed. AFFIRMED.”
Parker v. Miller Brewing Co., 560 So. 2d 1030 (Ala. 1990).
“Therefore, there is no claim upon which relief can be granted to this plaintiff under § 6-7-70 (the Civil Damages Act). The trial court did not err in granting the motions to dismiss the claims based upon that section.”
Ex Parte Wilson, 706 So. 2d 1151 (Ala. 1997).
· cites it 2× “Indeed, the legislature and this Court have separated these two forms of business organizations: Section 6-7-70 provides for the commencement of actions against partnerships, but § 6-7-80 governs the commencement of an action against an unincorporated association.”
Patterson v. Harris, 674 So. 2d 67 (Ala. 1995).
· cites it 2× “Ala.Code 1975, § 6-7-70. . The only liability insurance coverage on the truck was owned by Mr.”
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