Higdon v. Williamson
Court of Appeals of Georgia
Certiorari; from Fannin superior court — Judge Morris. A judgment against Higdon & Williamson, a partnership, was rendered in .a justice’s court. After execution was issued, Williamson, one of the partners, paid off the debt; and the justice of the peace who had issued the execution entered thereon a recital of the fact of Williamson’s having made the payment, and thereupon transferred the execution to him.
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Certiorari; from Fannin superior court — Judge Morris. A judgment against Higdon & Williamson, a partnership, was rendered in .a justice’s court. After execution was issued, Williamson, one of the partners, paid off the debt; and the justice of the peace who had issued the execution entered thereon a recital of the fact of Williamson’s having made the payment, and thereupon transferred the execution to him. Williamson then caused the execution to be levied on certain property of Higdon’s, whereupon Higdon filed an affidavit of illegality, the. substantial points raised by- it being that the…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
1. In this State a judgment against partners binds the partnership and such of the individual partners as are served; and the execution that issues upon it authorizes levy upon the property of the partnership or upon the individual property of such of the partners as are served, to the same extent as if they were ordinary joint defendants. Civil Code (1910), § 5592. The rationale is that the law does not look upon the partnership as a completely distinct and separate legal entity, but as somewhat so; the partners, as to partnership debts, are joint…
2Cases cited3 opinions
- Paulk v. CreechCourt of Appeals of Georgia · 1911
- Neel v. MorrisSupreme Court of Georgia · 1884
- Bryan v. Meaders Bros.Court of Appeals of Georgia · 1911
3Cited by8 opinions
- Co-Op Mortgage Investments Associates v. PendleyCourt of Appeals of Georgia · 1975
- Render & Hammett v. Hartford Fire InsuranceCourt of Appeals of Georgia · 1925
- Atlanta Warehouses, Inc. v. Housing Auth. of AtlantaCourt of Appeals of Georgia · 1977
- Southcom Group, Inc. v. PlathCourt of Appeals of Georgia · 2002
- Grogan v. HerringtonCourt of Appeals of Georgia · 1949
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