Gerard v. Bates

Citations

• 124 Ill. 150
• 16 N.E. 258

Syllabus

<p>1. Pabtnebship—execution against individual partner—of the mode of satisfaction out of the partnership effects■ In the case of an execution against one partner, when satisfaction is sought out of partnership property, the proper mode is to levyupon and sell all the debtor partner’s interest in the whole of the partnership effects, and not on specific articles of the partnership property.</p> <p>2. Where the entire interest of a partner in the partnership assets is levied upon and sold, the purchaser at the sheriff’s sale, on a bill for an account, will be entitled to a decree for one-half of the proceeds of the entire partnership property; but when a partner’s interest in certain specific articles of personal property, only, is sold under execution, it will be error to decree to the purchaser the entire interest of the debtor partner.</p> <p>3. Pasties—on bill by execution purchaser of one partner’s interest, to se-ttle up pa/rtnership. Where certain specific articles of partnership property have been sold on execution against one partner, on bill by the purchaser to settle and adjust the partnership affairs, and for a sale of the partnership property and a distribution of the proceeds, the debtor partner whose property was sold is an indispensable party, in order to make the decree binding on all.</p> <p>4. Pbaotioe—omission of parties, in chancery—time and mode of objecting. It is the usual and better practice, where the want of proper parties is apparent on the face of the bill, to take advantage of it by demurrer or motion to dismiss, or if not patent, by plea or answer.</p> <p>5. Where the parties omitted are merely formal parties, and not indispensable to a decision of the case upon its merits, it will be too late to make the objection at the hearing; hut where the rights of the parties not before the court are intimately connected with the matter in dispute, so that a final decree can not be made without materially affecting their interests, the objection