R. A. Myles & Co. v. A. D. Davis Packing Co.
Alabama Court of Appeals
Appeal from Circuit Court, Mobile County; SafCold Berney, Judge. Action by R. A. Myles & Co. against the A. D. Davis Packing Company and [another. Judgment of nonsuit, and plaintiffs appeal.
1Opinion
On Rehearing.
SAMFORD, J.
The original opinion in this ease expresses the view of BRICKEN, J., who still adheres to the principles there announced. The Presiding Judge and the writer, after a further consideration of the case, are of the opinion that the application for rehearing should be granted and the judgment reversed and the cause remanded for the following reasons:
[1-4] It is undoubtedly the law of this state that under a fieri facias against the goods of one member of a partnership his interest in the tangible assets of the partnership may be levied on and sold, but only such interest…
2Cases cited10 opinions
- Atkins v. . SaxtonNew York Court of Appeals · 1879
- Willis v. BarronSupreme Court of Missouri · 1898
- Farley, Spear & Co. v. MoogSupreme Court of Alabama · 1885
- Tait v. MurphySupreme Court of Alabama · 1886
- Daniel v. Owens & Co.Supreme Court of Alabama · 1881
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