[Download] "Melson v. State" by Alabama Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Melson v. State
- Author : Alabama Supreme Court
- Release Date : January 04, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
These petitions for the writ of mandamus arise out of a pending lawsuit between a partner and his co-partners; the plaintiff has alleged multiple claims arising out of partnership business. The controlling legal issue presented by these petitions is whether the plaintiff must seek an equitable accounting before proceeding with his action at law for damages. Our answer to this question depends on whether the Alabama Partnership Act ("APA"), in effect at the time of the formation of the partnership, applies, or whether the Alabama Uniform Partnership Act ("AUPA") (repealing the APA) applies. The trial court concluded that the provisions of the AUPA applied; it therefore denied the defendants motions for a summary judgment and their alternative motions to strike the plaintiffs jury demand, each of which raised this legal issue.