Reed v. Johnson
Supreme Judicial Court of Maine
The facts are stated in the opinion of the Court. said that this Court had no jurisdiction of the case. Its jurisdiction is limited by the Revised Statutes to. particular subjects; and as it respects partnership, to cases between partners themselves. Equity powers are given to the Court in derogation of the common law, and therefore the statute is to be construed strictly. The whole creditors of the partnership should have been made parties.
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The facts are stated in the opinion of the Court. said that this Court had no jurisdiction of the case. Its jurisdiction is limited by the Revised Statutes to. particular subjects; and as it respects partnership, to cases between partners themselves. Equity powers are given to the Court in derogation of the common law, and therefore the statute is to be construed strictly. The whole creditors of the partnership should have been made parties. The rights of the creditors cannot be decided on the answer of the officer. He does his duty merely and is frequently compelled to do it against his…
1Opinion of the Court
The opinion of the Court was drawn up by
Shepley J.
It appears from the allegations in the bill, that the two plaintiffs formed a partnership with William B. Reed, whose stock of goods was purchased by the partnership, and paid for by the partnership notes delivered to him. That certain creditors of W. B. Reed brought suits against him and caused a part of those goods to be attached by the defendant, Johnson, as a deputy of the sheriff. That they obtained judgments, and caused the goods so attached to be sold- on the executions issued thereon by the same deputy, who now holds the proceeds in…
2Cases cited2 opinions
- M'Donald v. BeachIndiana Supreme Court · 1827
- Phillips v. CookNew York Supreme Court · 1840
3Cited by1 opinion
- Burnham v. RangeleyU.S. Circuit Court for the District of Maine · 1847