Kline v. Swift Specific Co.

The execution was in favor of the firm, and neither the fi. fa. nor the record discloses who constituted the partnership. The affidavit of appeal does allege that Kline, “ a member of the firm of White, Kline & Company, . . being dissatisfied with the judgment [sustaining the affidavit of illegality], enters this his appeal, . . and that he is advised that he has a good cause of appeal,” and that he and the firm are unable, because of bis and their poverty, to pay the cost and give the bond. If the execution had issued against the partnership, and had been levied on Kline’s individual…