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14 Ga. 537

Sheffield v. Key

Supreme Court of Georgia

Decided January 15, 1854

Supreme Court of Georgia · decided 1854-01-15

Attachment and Claim, in Baker Superior Court. Tried before Judge Perkins, October Term, 1853. The affidavit for Attachment in this case, stated that “Francia D. Key was justly indebted to Edward O. Sheffield, in the sum of fifteen hundred dollars.” The declaration filed upon this attachment, showed the liability to be by Francis D. Key, surviving partner of the firm of Lewis & Key.

Cited by 1 later decisions — most recently May 1918

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1854-01-15

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¶1By the court.

Benning J.,

¶2delivering the opinion.

¶3[1.] The declaration does not vary from the affidavit. “ At Law, the legal right and liability entirely survive against and for the surviving partners, who alone can, at Law, sue and be sued. (Golding vs. J. & G. Vaughan, 2 Chitty R. 436.)— Therefore, “ A demand against a surviving partner, as survivor, may be joined with a demand due from him, as if he were solely liable.” (lbid.)

¶4And for the same reason, a debt due to a defendant as surviving partner, may be set off against a debt due from him in his own separate character. (Slipper & others vs. Stidstone 5 Durn. & E. 493. French vs. Andrade, 6 Do. 582. 1 Chitty Pl. 37.

¶5As the declaration does not vary from the affidavit, it is not worth while to enquire whether if it did, the fact of its doing so, is such a matter as the claimant, a stranger to the case, could use for any purpose.

¶6The case ought, therefore, to be re-instated and tried again.

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