Legal Opinion

Losito v. Gingo

Court of Appeals of Georgia

Decided May 24, 1963No. 40100PublishedCited by 4 opinions

1Opinion of the Court

Russell, Judge.

1. In Georgia, a judgment against a partnership binds the partnership property and also the individual property of any partners who by proper service are made parties defendant in the action, Code § 75-312, but does not bind the individual property of partners not served.

2. The latter part of this rule applies in Alabama also. “A partnership may be sued in Alabama in the partnership name. The judgment binds the partnership property only and not the property of the individuals composing the partnership. Alabama Code 1940, Title 7, § 141; Woodfin et al. v. Curry, 228 Ala. 436,…

2Cases cited4 opinions

  1. First Nat. Bank of Abbeville v. CappsSupreme Court of Alabama · 1922
  2. Woodfin v. CurrySupreme Court of Alabama · 1934
  3. Ratchford v. Covington County Stock Co.Supreme Court of Alabama · 1911
  4. Chero-Cola Bottling Co., Etc. v. WatfordAlabama Court of Appeals · 1944

3Cited by4 opinions

  1. Co-Op Mortgage Investments Associates v. PendleyCourt of Appeals of Georgia · 1975
  2. Contractors Management Corp. v. McDowell-Kelley, Inc.Court of Appeals of Georgia · 1975
  3. Lava Shadows, Ltd. v. JohnsonNew Mexico Court of Appeals · 1996
  4. Fiske v. Kings Point Condominium Ass'nSupreme Court of Georgia · 1983

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