Chambers v. Sloan

• Decision Date: 30 September 1853
• Docket Number: No. 17.,17.
• Citation: Chambers v. Sloan, 19 Ga. 84 (Ga. 1853)
• Court: Georgia Supreme Court
• Parties: Chambers, Jeffers & Co., plaintiffs in error. vs. Sloan, Hawkins & Co., defendants in error.

19 Ga. 84

Chambers, Jeffers & Co., plaintiffs in error. vs. Sloan, Hawkins & Co., defendants in error.

No. 17.

Supreme Court of the State of Georgia

SEPTEMBER TERM, 1853.

Attachment, in Floyd Superior Court. Decision by Judge Trippe, June Term, 1855.

The affidavit, to obtain an attachment in this case, stated, "that James S. Chambers, Henry L. Jeffers & John B. Wynn, merchants and partners, trading under and using the name and style of Chambers, Jeffers & Co., are justly indebted to deponent in the sum of $5,460³⁴/₁₀₀, besides interest; and that the said Chambers, Jeffers & Co. reside out of this State, so that the ordinary process of law can not be served upon them."

A motion was made to dismiss the attachment, because the affidavit did not state that the individuals constituting the firm of Chambers, Jeffers & Co. resided out of this State.

The Court overruled the motion, and this decision is assigned as error.

Printup, for plaintiff in error.

T. W. Alexander, for defendant in error.

By the Court. —Benning, J., delivering the opinion.

A partnership is two or more persons who occupy towards each other the relation of partners. It is not a being distinct from the members, which compose it. In this respect, a partnership differs from a corporation. When, therefore, a partnership is spoken of by its partnership name, and said to reside or not to reside in any place, the meaning, it is to be presumed, is that the members composing the partnership, reside or do not reside in the place.

If so, the affidavit in this case was sufficiently certain; and the Court below was right in holding that it was.

ATTACHMENT AGAINST PARTNERSHIP. "A partnership is subject to attachment at the instance of its creditors, where each and every member of the firm is in a situation that would expose him to the like process for his individual debts, at the instance of his individual creditors. Of course, if the attachment has properly issued against the partnership, it can be levied upon the partnership effects. 47 Ga. 587; 19 Ib. 84." Starr v. Meyer & Co., 60 Ga. 548-9.

"Where an affidavit to obtain an attachment stated "that Heller, Hirsch & Co. are indebted to deponent in the sum of fourteen hundred and eighty-two dollars and twenty-five cents, and that said Heller, Hirsch & Co. resided out of the State." And where the attachment issued thereon was levied and a replevy bond was given by Heller. Hirsch & Co., in that name, it was error to dismiss the attachment because the names of the...