Boyd v. Wolff
Boyd v. Wolff
Opinion of the Court
delivered the opinion of the Court.
This was an appeal from an order quashing an at
Some change has been made in the common law by the twelfth section of Article 51', in respect to proceedings against joint debtors in actions ex contractu. The attachment was on a debt alleged to be jointly due by the three defendants as partners; and on the basis of this alleged debt a condemnation was sought of their ■goods, chattels and credits in the hands of the garnishee. Unless this alleged debt could be proved to exist, the attachment founded on it would necessarily fail. But in this case, it is conclusively established by the judgment of the Court that there was no indebtedness on the part of two of the defendants. The judgment was rendered on a verdict, which was found on two pleas, both of which denied the indebtedness. The judgment against - Henderson, the other defendant, is authorized by the section of the Code which has been quoted; but it certainly can affect no one but himself. It has no
Order quashing the attachment affirmed.
Reference
- Full Case Name
- WILLIAM L. BOYD v. OSCAR WOLFF, Garnishee of Henderson, Pfeil & Co.
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Attachment — Judgment in Favor of Some of the Defendants in the Short Note Case when Joint Indebtedness of all is alleged — Quashing attachment. An attachment on original process against three persons as partners was laid in the hands of W., and a declaration was. filed against the three defendants charging a joint indebtedness. A judgment was rendered against one of the defendants for want of a plea and there was a verdict and judgment in favor of the other two, after pleas of never Indebted. Held> that the attachment should be quashed because the goods of three partners cannot be taken for what was not shown to be their joint debt.