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210 Ala. 549

98 So 803

Heller v. Berlin

Supreme Court of Alabama

Decided January 17, 1924

Supreme Court of Alabama · decided 1924-01-17

Relies on Heller v. Berlin

Good law ✅— No negative treatment on recordhow we know

Decided 1924-01-17

How this case has been cited

Cited by 7 later decisions — most recently November 1985

7 state decisions

401924193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SOMERVILLE, J.

¶1 The appellee, Berlin, filed his bill of complaint to establish a partnership between himself and the respondent, Heller, and for a dissolution and an accounting of the partnership business. On a former appeal it was held, on demurrer, that the bill was insufficient in that it did not show the respective interests of the alleged partners, and also in that it did not show an essential of the partnership relation — a sharing of the losses suffered in the operation of the business. Heller v. Berlin, 208 Ala. 640, 95 South. 10. On remandmemt the bill was amended in both of those respects, and the demurrer filed thereto was overruled. Appellant’s contention is that the amendments are not sufficient, and that the bill as amended is subject to the same grounds of demurrer originally sustained. We think, however, that the amendments *550 are clearly sufficient, and that, as amended, the bill is not subject to any of the grounds of demurrer assigned.

¶2 The decree overruling the demurrer will therefore be affirmed.

¶3 Affirmed.

ANDERSON, O. J., and THOMAS and BOULDIN, JJ., concur.
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