Wyman, Moses & Co. v. Stewart
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before Hon. George Goldthwaite. On the 11th day of January, 1860, James R. Stewart, the appellee, was summoned by process of garnishment, to answer what he was indebted to E. M. Dillard &'Co., against whom the appellants, Wyman, Moses, & Co., had recovered a judgment at the June term, 1859, of the circuit court of Montgomery.
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Appeal from the Circuit Court of Montgomery. Tried before Hon. George Goldthwaite. On the 11th day of January, 1860, James R. Stewart, the appellee, was summoned by process of garnishment, to answer what he was indebted to E. M. Dillard &'Co., against whom the appellants, Wyman, Moses, & Co., had recovered a judgment at the June term, 1859, of the circuit court of Montgomery. The writ commenced as follows : “The State of Alabama — To any sheriff greeting: Whereas, W. W. Screws has made affidavit, as required by law, that Wyman, Moses & Co., at the June term, 1859, of the circuit court of…
1Opinion of the CourtByrd, J.
A partnership may be sued by its style, whether it comprise the names of the partners or not, and the summons served on one of the associates ; and on such service a judgment may be rendered, which will bind the joint property of all the associates, in the same manner as if all had been made defendants, and had been sued upon their joint liability, and served with process. — Code, § 2142.
This statutory provision does not authorize a creditor who brings his suit in conformity to it, and proceeds to *165judgment against “the common name,” to run an execution against the individual property of one…
2Cases cited3 opinions
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Lewis v. Dubose & Co.Supreme Court of Alabama · 1856
- Bostwick v. BeachSupreme Court of Alabama · 1850
3Cited by8 opinions
- Frank v. TatumTexas Supreme Court · 1894
- Yarbrough & Co. v. Bush & Co.Supreme Court of Alabama · 1881
- McCoy v. WatsonSupreme Court of Alabama · 1874
- Comer v. ReidSupreme Court of Alabama · 1890
- American Express Co. v. North Ft. Worth Undertaking Co.Court of Appeals of Texas · 1915
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