Parler v. Johnson
Supreme Court of Georgia
Levy and sale. Partnership.' Evidence. Heeds. Sheriffs. Dower. Estates. Reversion. Verdict. New trial. Before Judge Atkinson, Appling superior court. March adjourned term, 1887. Lafayette Johnson brought complaint against Jasper Parler and others to recover lot of land number 610 in the second district of Appling county, with mésne profits. Defendants pleaded the general issue.
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Levy and sale. Partnership.' Evidence. Heeds. Sheriffs. Dower. Estates. Reversion. Verdict. New trial. Before Judge Atkinson, Appling superior court. March adjourned term, 1887. Lafayette Johnson brought complaint against Jasper Parler and others to recover lot of land number 610 in the second district of Appling county, with mésne profits. Defendants pleaded the general issue. On the trial, the following evidence for plaintiff was offered: Fi.fa. against "Washington Dyal and Solomon Wilks, copartners, based on a judgment rendered July 29, 1854, with an entry of levy by the sheriff" on…
1Opinion of the Court
Bleckley, Chief Justice.
1. The code, §§1899, 8351, expressly provides that where some of the partners sued on a copartnership contract are served with process and others not, and these facts appear by proper returns, the judgment shall bind the copartnership property, and also the individual property of the partners who have been served. It is said these sections do not apply where all are served. They do not literally, but they take it for granted that where all are served all would be bound, and they establish a like rule where the service is but partial instead of complete — that is, they…
2Cited by8 opinions
- Friedsam v. RoseCourt of Appeals of Texas · 1925
- Hawkins v. JohnsonSupreme Court of Georgia · 1908
- Davis v. HardenSupreme Court of Georgia · 1915
- Keaton v. FarkasSupreme Court of Georgia · 1911
- Blakeney v. FranklinCourt of Appeals of Georgia · 1921
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