Mitchelll v. Greenwald & Labe

Citations

• 43 Miss. 167

Syllabus

<p>1. Individual and Paktnekship Liabilities — Pbactioe__If suit by attachment and garnishment be commenced against a partnership as such, and the plaintiff' dismiss as to one of the two persons comprising the firm, and take judgment as to the other, that judgment becomes an individual, instead of partnership liability, and operates to discharge a garnishee whose indebtedness is to the defendant dismissed, and not to the defendant in the judgment.</p> <p>2. Gaenishhent — Seevioe on Paetnebship. — The return of the sheriff on process of garnishment stating merely that it was served on the firm of “M. &Bro.,”is defective, in not showing who composed that firm. And the answer of M., one of the firm, admitting an indebtedness of his firm does not cure the defective return. The case of Anderson v. Wanzer, 5 How., 587, is unlike this in the fact that there 'both partners were regularly served with process.</p>