Cohen v. Gamble

Decided October 15, 1893

Mississippi Supreme Court · decided 1893-10-15

Prom the circuit court of Leflore county. Hon. Ii. W. Williamson, Judge. Attachment in the court below by Cohen against Gamble, sued out May 10,1893. The affidavit alleges that the defendant, Gamble, is indebted to plaintiff in the sum of $1,398.90. The grounds for the attachment, as alleged in the affidavit, are (1) that said defendant is a non-resident of this state ; (2) that he has removed, or is about to remove, himself or his property out of this state.

From the judgment in favor of defendant, plaintiff appeals · Decided 1893-10-15

Campbell, C. J.,

¶1delivered the opinion of the court.

¶2Section 127 of the code of 1892, is an enabling act, and does not abridge any right. It makes any ground for attachment against any of the partners, except the first ground, which is non-residence, ground for attachment against all the partners, as if all were parties to the ground. It makes the act of one the act of all, so far as to subject partners and partnership property to attachment, on every ground for attachment except non-residence.

¶3 *482A creditor of a partnership may pursue toy member of the partnership, individually, and is not hindered by § 127. This right exists by virtue of § 2353, code 1892. Section 126 has no influence on the question, and, indeed, is useless, except to declare the law existing independently of it.

¶4Reversed, and demurrer to the plea sustained, and leave to defendant to answer over.