Green v. Pyne
Supreme Court of Alabama
Writ of error to the County Court of Sumter County. GREEN sued out a writ of attachment against Pyne, describing him therein, as one of the late firm of Pyne & Huntington. The sheriff’s return shews that the process was levied “on all the goods, merchandize, and stock in trade of Thomas Pyne, in the store, by him heretofore occupied, be:ng his entire assortment in trade, estimated at about nine thousand dollars.
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Writ of error to the County Court of Sumter County. GREEN sued out a writ of attachment against Pyne, describing him therein, as one of the late firm of Pyne & Huntington. The sheriff’s return shews that the process was levied “on all the goods, merchandize, and stock in trade of Thomas Pyne, in the store, by him heretofore occupied, be:ng his entire assortment in trade, estimated at about nine thousand dollars. Also, the store-house and lot, in Gainesville, on main-street, purchased by Pyne & Huntington, of John A. Powell. Also, on a lot in said town, adjoining to the house and lot and…
1Opinion of the CourtGoldthwaite, J.
— We are not apprised of the reasons which induced the County Court to quash this attachment, unless they were those which are stated in the motion of the defendant; and none of them are sufficient to support the decision.
1. A debt due from copartners, is the debt of each one of the partners, and each may be severally sued; or, to speak with reference to our own statutes, it is lawful to prosecute an action against any one or more of the partners: (Aik. Dig. 268:) Southwick v. Marr’s executor’s: (2 Porter 351.) As an action can be lawfully prosecuted against one partner, there seems to be no…
2Cases cited1 opinion
- Marr's v. Southwick, Cannon & WarrenSupreme Court of Alabama · 1835
3Cited by3 opinions
- Andrews v. MundyWest Virginia Supreme Court · 1892
- Conklin v. HarrisSupreme Court of Alabama · 1843
- Whitfield v. HoveySupreme Court of South Carolina · 1889