Moore & Co. v. Sample
Supreme Court of Alabama
Writ of error to the Circuit Court of Autauga county. ACTION of trespass, for breaking the close and carrying away the goods of the plaintiffs.
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Writ of error to the Circuit Court of Autauga county. ACTION of trespass, for breaking the close and carrying away the goods of the plaintiffs. At the trial, it appeared that the defendant, acting as sheriff of Autauga .county, levied an execution, issued against Edward H- Moore, on a stock of goods, which were the property of said Moore, Samuel H. Moore, John H. Moore, and Turner H- Moore, the plaintiffs, who were partners, and ejected them therefrom, for about twelve days, after which time he returned the goods to the possession of the plaintiffs. The plaintiffs offered evidence conducing…
1Opinion of the CourtGoldth Waite, J.
The quantity of interest which each partner has in the goods of the partnership, may oftentimes be a question very difficult to decide, but it is certainly clear, from authority, that this interest is the subject of levy and sale under an execution. We have heretofore had occasion to examine the cases connected with this principle, although it has not been directly presented for decision, in any case before us. Most of them are collected and stated in the case of Winston v. Ewing, 1 Ala. Rep. N. S. 129, and we shall consider our duty as discharged, by giving some of the reasons which led our…
2Cited by9 opinions
- Wilson v. StrobachSupreme Court of Alabama · 1877
- Monroe v. HamiltonSupreme Court of Alabama · 1877
- Andrews v. KeithSupreme Court of Alabama · 1859
- Hopkinson v. SheltonSupreme Court of Alabama · 1861
- Atwood v. MeredithMississippi Supreme Court · 1859
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