Dinwiddie v. Glass

Citations

• 111 Miss. 449
• 71 So. 745

Syllabus

<p>1. Paetnebshep. Liability of partners. Attachment. Nonresidents. Equity. Chancery jurisdiction. Constitutionality of statute.</p> <p>The liability of partners is joint and several.</p> <p>2. Attachment. Nonresident. Equity.</p> <p>Section 536, Code 1906, authorizing attachments 'in chancery expressly gives this remedy to creditors, when the debtor is nonresident, absent or absconding and has lands and tenements within this state that can be reached by attachment, and tne chancery court had jurisdiction of a bill against a nonresident partner to enforce his individual liability for a debt, and to issue an attachment against his individual real estate in this state.</p> <p>S. Attachment. Chancery jurisdiction. Constitutionality of statute.</p> <p>Section 536, Code 1906, providing for attachment in chancery, is constitutional, since this statute as interpreted by our court, was a part of the jurisprudence of the state when the framer of the present constitution defined the jurisdiction to be exercised by the chancery court, and instead of undertaking to limit the jurisdiction which the courts had expressly declared to be conferred by the statute, by section 159 subd, “F.” of the constitution expressly declared the chancery court to have full jurisdiction in “all cases of which said court had jurisdiction under the laws in force when this constitution is put in operation.”</p>