Chambers, Jeffers & Co. v. Sloan, Hawkins & Co.
Supreme Court of Georgia
Attachment, in Eioyd Superior Court. Decision by Judge Trippe, June Term, 1855. The affidavit, to obtain an attachment in this case, stated, -il that James S. Chambers, Henry L. Jeffers & John B. Wynn, merchants and partners, trading under and using the name and style of Chambers, Jeffers & Co. are justly indebted to deponent in the sum of $5.460,besides interest; . and that the said Chambers, Jeffers & Co. reside out of this State, so that the ordinary process of law cannot…
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Attachment, in Eioyd Superior Court. Decision by Judge Trippe, June Term, 1855. The affidavit, to obtain an attachment in this case, stated, -il that James S. Chambers, Henry L. Jeffers & John B. Wynn, merchants and partners, trading under and using the name and style of Chambers, Jeffers & Co. are justly indebted to deponent in the sum of $5.460,besides interest; . and that the said Chambers, Jeffers & Co. reside out of this State, so that the ordinary process of law cannot be served ■upon them.” A motion was made to dismiss the attachment, because the affidavit did not state that the…
1Opinion of the Court
*85 By the Court.
Benning, J.
delivering the opinion.
A partnership is two or more persons who occupy towards ■ each other the relation of partners. It is not a being distinct from the members, which compose it. In this respect, a partnership differs from a corporation. When, therefore, a partnership is spoken of by its partnership name, and said to reside or not to reside in any place, the meaning, it is to be presumed, is that the members composing the partnership, reside or do not reside in the place.
If so, the affidavit in this case was sufficiently certain; and ithe Court below was right in…
2Cited by8 opinions
- Page v. Citizens Banking Co.Supreme Court of Georgia · 1900
- Ford v. Uniroyal Goodrich Tire Co.Supreme Court of Georgia · 1999
- Drucker & Brother v. Wellhouse & SonsSupreme Court of Georgia · 1888
- DeLeon v. Heller, Hirsch & Co.Supreme Court of Georgia · 1886
- Kalamazoo Trust Co. v. MerrillMichigan Supreme Court · 1910
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