Winston v. Ewing
Supreme Court of Alabama
The defendant in error, having sued out'an original attachment against the estate of Alexander Bell, for the sum of six hundred dollars, returnable to the circuit court of Greene, caused the plaintiff to be summoned as a garnishee, that he might disclose on oath what he was indebted to the defendant in attachment, etc.
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The defendant in error, having sued out'an original attachment against the estate of Alexander Bell, for the sum of six hundred dollars, returnable to the circuit court of Greene, caused the plaintiff to be summoned as a garnishee, that he might disclose on oath what he was indebted to the defendant in attachment, etc. The garnishment being served on the plaintiff, he made the following answer, viz : — “Erie, 3rd Sept,, 1837 : I acknowledge being garnisheed by S. B. Ewing, for the purpose of answering whether I was indebted to Alexander Bell or not. I hereby acknowledge that I dealt with A. &…
1Opinion of the CourtCollier, C. J.
— Several questions were made at the argument of this cause; but we propose only to enquire, whether an undivided interest of a partner in a debt due the copartnership ean be subjected by attachment to the payment of a separate debt of one of the partners ?
It may be regarded as a well established principle of the common law, that the creditor of any one partner may execute and sell that partner’s interest in all the tangible property of the partnership. (3 Bos. & Pul. Rep. 289.) (In Heydon v. Heydon, 1 Salk. Rep. 332.) It was held by Lord Holt, that in an action against one of two partners,…
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