273 Casas ruled and adjudged in the
- 797- Courtsof that country, will not, in the plenitude of their autho-
"vvrity, permit fubjcéls depending before them, to be afieflcd by the proccfs of inferior tribunals, excrciling a jurifdiftion by fpe- cial cullom; yet, here the fame caule docs not operate; as the Supreme and County Courts have a co-ordinate, concurrent ju- rifdi&ion in other fnits, as well as in cafes of attachment; and, . _ , ’ cfcourfe, the clletll is not, neceflinily the fame. Ilut, on general
·° ·'?·`» ·• principles of juftice and reafon, it would he dillieult to lbtisfy
the mind, why money fhould not be attached in the hands of a
- 1, debtor, as well after, as before, the perfon to whom it is due,
‘ _ has fued for it. If jufticc and realbn are not oppohcd to it, pub-
.:- . lic policy and convenience flrongly recommend it. Many fo- , reigners, relident abroad, enjoy an extenfire credit from one clafs ` of citizens in this country, on account of the debts which are — known tobc due to them from another clafs; and if nothing more were ncceffary to fhelter fuch foreigners from the e Heels of an attachment, than to bring fuits againll; their debtors, it is obvious that the fund, which conllitutes the principal fccurity of the American Trader, might be eafily and irretricrably with- drawn. ` The Court are, therefore, nnanimoufly of opinion, that the debt due from Ernfm to 51•Car!yand Cummingr, might lawfully be :·.tt:ched, notwithilanding the fuit prcviouily inllituted by the furviving Partner to recover ir. On thcji- eadobjeflion, it mul! be cbfervczd, as a general rule, that partnerfhip etfeéls are iirll to be appropriated to the pay- ment of partnerfhip debts : but this, lilzc every other general rule, admits of exceptions; and it is hardly, indeed, fuleeptible of a fl.ri£l: application in any cafes, but thol}: of bankruptcy, infolvcn- cy, and execution. 'l` he confequence of i:s application to part- nerfhips, would be highly injurious to trade, and embarralling to julliec. A partner may owe leparate debts; and his proper- ty may conhft ofpartnerdzip {lock; yet, if the objcfilion prevails, it is impoflible to conceive when the feparate creditors will be able to make that property refponhblt. While the parmerfhip con- tinues, how {hall they compel a difclofure and liquidation of all the dcbits and credits of the company? And even when a part- nerlhip is diholved, where will leparate creditors find the incli- nation, or the power, to fcrutinize and clofe the records of a long and complicated mercantile eonneélitm P Ilut the law is happily otherwiti: : For, it has been, repeatedly, ftttled here, aswell as in Iitaglanrl, that a Partner may be fucd for feparzxte debts; that the partnerlhip effeéls may be taken in cxeeution and told by moieties; and that the purchafer of the rnoiety, under the execution, {hall be conlidered Tenant in common with the partner, owning the other moiety. The cafe in Doug. 650, is, in myjudgment, conelulive upon this point. T he
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