Legal Opinion

Burns & Smucker v. Harris & Allen

Supreme Court of North Carolina

Decided June 5, 1872PublishedCited by 21 opinions

This cause was before this Court at last term, when it was remanded to the Superior Court of Franklin, whence it came up that the facts might be ascertained and the rights of the parties determined.

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This cause was before this Court at last term, when it was remanded to the Superior Court of Franklin, whence it came up that the facts might be ascertained and the rights of the parties determined. At Spring Term, 1872, of Franklin Superior Court, the defendant Harris made a motion, to discharge an attachment obtained by the plaintiff, as to certain [goods of the firm of Harris & Allen, v’hich had been set apart to him as a personal property exemption, under a Justice’s execution. The motion was, by consent, heard before Moore, J., at Chambers. The parties agreed to the following (in…

1Opinion of the CourtReade, J.

The motion of O. L. Harris, assignee in bankruptcy of Harris & Allen, to be made party defendant, is allowed, but we do not adjudicate any conflicting claims between the assignee and the defendants, as the defendants have no notice.

One of two or more partners cannot have a portion of the partnership effects set apart to him, as his personal property exemption, without the consent of the other partner or partners ; because the property is not his. But if the other partner or partners consent, then it may be done. The creditors of the firm cannot object, because they no more have a lien upon…

2Cases cited1 opinion

  1. Burns Smucker v. . Harris AllenSupreme Court of North Carolina · 1872

3Cited by21 opinions

  1. In re CampDistrict Court, N.D. Georgia · 1899
  2. State Ex Rel. Scott & Burton v. KenanSupreme Court of North Carolina · 1886
  3. Harris v. VisscherSupreme Court of Georgia · 1876
  4. Bruff, Faulkner & Co. v. Stern & Bro.Supreme Court of North Carolina · 1879
  5. O'Gorman v. FinkWisconsin Supreme Court · 1883

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