Boyd v. Wolff

Bryan, J., delivered the opinion of the Court. This was an appeal from an order quashing an at ³⁴² tachment. The appellant sued out an attachment on original process against Henderson, Pfeil and McDonald, the three persons who had been partners in the firm of Henderson, Pfeil & Company. The attachment was laid in the hands of Oscar Wolff, as garnishee.

The declaration was filed against the defendants, charging them with a joint indebtedness as partners. A judgment was taken against Henderson, by default for want of a plea, which was duly extended. The other two defendants pleaded that they were never indebted as alleged; secondly, that they did not promise as alleged; and thirdly, that they had been discharged as insolvent debtors by the Insolvent Court. Issue was joined on ■the first and second pleas.

It does not appear from the record what disposition was made of the third plea. A verdict in general terms was found in fávor of the ■defendants; which, of course, was a verdict on the issues joined. Judgment was rendered on the verdict in favor of the defendants who had pleaded. Thereupon the .garnishee moved to quash the attachment because of the judgment against Henderson, solely; and in favor •of the other two defendants.

The Court quashed the attachment as above stated. The plaintiff has appealed. Some change has been made in