Meily v. Wood
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Dauphin county: No. 6, to May Term 1872. On the 26th of June 1868, Charles A. Wood and others, survivors of the firm of James Wood & Co., issued a scire facias sur judgment against James P. Witherow, with notice to John Meily, Lyman Nutting and Henry J. Meily, partners as Meily & Co., and the Middletown and Lebanon Iron Company, terre-tenants.
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Error to the Court of Common Pleas of Dauphin county: No. 6, to May Term 1872. On the 26th of June 1868, Charles A. Wood and others, survivors of the firm of James Wood & Co., issued a scire facias sur judgment against James P. Witherow, with notice to John Meily, Lyman Nutting and Henry J. Meily, partners as Meily & Co., and the Middletown and Lebanon Iron Company, terre-tenants. The firm of James Wood & Co., being the owners of the “ Middletown Furnace,” with a considerable quantity of other real estate connected with it, on the 22d .of February 1864, sold and conveyed it all to “ Henry J.…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
There are several important and interesting questions considered and discussed in the able opinion of the learned judge below, which we do not intend to examine and decide here. We mean to confine ourselves to the precise point presented upon the record. Whether, when all the trusts of a partnership have been accomplished, the partnership-debts all paid, the business of the firm all settled, and all other assets divided among the partners, land which formed a part of the stock, but which remains unconverted, shall thenceforth be treated…
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