Johnston v. Mathews
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. The proceedings in this cause were commenced by a writ of summons against Louis Harrison and Samuel K. Davidson, as co-partners, and a writ of attachment against Harrison alone, as an absconding debtor; and a narr. was filed at the time of the issuing of the writs, declaring against Harrison and Davidson.
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Appeal from the Superior Court of Baltimore City. The proceedings in this cause were commenced by a writ of summons against Louis Harrison and Samuel K. Davidson, as co-partners, and a writ of attachment against Harrison alone, as an absconding debtor; and a narr. was filed at the time of the issuing of the writs, declaring against Harrison and Davidson. The writ of attachment was laid in the hands of R. Stockett Mathews, to whom the defendants, Harrison and Davidson, had executed a deed of trust for the benefit of their creditors. Mathews appeared and pleaded non assumpsit for the defendant,…
1Opinion of the CourtGrason, J.
Upon this appeal two questions are presented for our consideration ; first, whether, in an attachment against one partner for the recovery of a partnership debt, the assets of the firm can be attached and condemned ;* and, second, whether there was error in the withdrawal, by the Court below, of the question of fraud from the jury.
*368(Decided 10th March, 1870.)
1st. A suit Avas commenced by the appellants against the firm of L. Harrison, Davidson & Co., and Davidson Avas returned summoned. Harrison had absconded, and an attachment, as auxiliary to the suit, was issued against Louis Harrison…
2Cited by6 opinions
- L. C. Jones Trucking Co. v. Superior Oil Co.Wyoming Supreme Court · 1951
- Miller v. GittingsCourt of Appeals of Maryland · 1897
- Folsom v. Detrick Fertilizer & Chemical Co.Court of Appeals of Maryland · 1897
- Williams v. Amsinck & Co.Court of Appeals of Maryland · 1873
- Rich v. SolariDistrict of Columbia Court of Appeals · 1887
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