Richardson v. C. W. Smith & Co.

Citations

• 21 Fla. 336

Syllabus

<p>1. An unincorporated company or partnership cannot sue in its company or firm name, but must sue in the name of the individuals composing it.</p> <p>3. When a claim'to property levied upon under a writ of attachment is interposed under the statute, by an unincorporated company or firm, the affidavit of ownership should state the names of the individuals composing such cornpany or firm. If the affidavit merely states the firm name in alleging the ownership, or states the name of only one or more of the persons composing the firm, and shows moreover that there are other member's, or is another member, of the firm, but does not give the names or name of such other members or member, it is insufficient, and the claim proceeding should be dismissed on motion of the plaintiff in at- ' tachment.</p>