Berry v. Harris
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington County: Attachment on Judgment. The appellee, a judgment creditor of John C. Dorsey, issued an attachment by way of execution, on the 9th of February 1859, which on the same day was laid in the hands of the appellant as garnishee, who appeared and pleaded nulla bona, upon which issue was joined.
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Appeal from the Circuit Court for Washington County: Attachment on Judgment. The appellee, a judgment creditor of John C. Dorsey, issued an attachment by way of execution, on the 9th of February 1859, which on the same day was laid in the hands of the appellant as garnishee, who appeared and pleaded nulla bona, upon which issue was joined. Interrogatories being propounded to the garnishee, he answered substantially, that he owed nothing to John 0. Dorsey individually; that on the contrary he was a judgment creditor of John C. Dorsey to the amount of $215.35 with interest, but that he was…
1Opinion of the Court
Bowiü, C. J.,
delivering the opinion of the Court, after stating the case as on pp. 30 — 32 ante, said:
The appellant’s prayers affirm:
1st. That a separate creditor of an individual partner, cannot attach by way of execution, a debt d.ue to the partnership, of which that individual is a member, for his private debt, unless there has been a settlement of the partnership and the interests of the debtor partner first ascertained.
2nd. That this applies to the case of surviving partners as well as of living partners.
3rd. That only the actual interest of the debtor partner, after final settlement…
2Cases cited8 opinions
- Winston v. EwingSupreme Court of Alabama · 1840
- Church v. KnoxSupreme Court of Connecticut · 1818
- Fisk v. HerrickMassachusetts Supreme Judicial Court · 1810
- Lyndon v. GorhamU.S. Circuit Court for the District of Rhode Island · 1812
- Phillips v. CookNew York Supreme Court · 1840
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3Cited by1 opinion
- Peoples' Bank v. ShryockCourt of Appeals of Maryland · 1878