Page:United States Reports, Volume 2.djvu/285

 Sumttm; Comtr or Pm%·I·mnin. ogg The refult of the view, which I have taken upon the fubjeét, rygv. is; that the Defendant in this aélion, is liable as Garnifhee in •.rv`J the foreign attachment, to pay to the reprefentative of john Priugk, one moiety (or whatever may have been M·Cm-1_1’s part- nerihip proportion) of the debt due to 1lI*Cai-ty and Cmumiug.r. Suirrex, _‘}'1_ylit—e. I concur in the opinion, which has been delivered. The dodtrine, that debts in fuit cannot be attached, depends entirely upon the lizperior dignity of the Courts in En- gland, beiore whom the fuits mult be inliituted; but as the fame kinds of proeels iflire in P¢nq,§·lunnin from both deferiptions of courts, there is no dignity to be violated here, by allowing the attachment. As to the claim on account of the partnerfhip, it appears preg- nant with the greateli. inconveniences. An honelt, leparatc, creditor, though he .had obtained, by attachment, a fair and legal lien upon the debt, would thus be compelled to wait in full pence, during an indehnite period, for the fettlement of every partnerlhip account. Yrsues, ja,/I.`.·.·. The aft of alfembly purfues, in general, the Cultom of London, on the fubje& of foreign attachments : but the decilions that prevent the operation of attachments, in the cafe of debts in fuit, are evidently founded on that jealoufy of the fnperior Courts in England, for which, in this {late, there exilts no caufe; lince the procefs, for both kinds of fuits, ilfues front both defcriptions of courts. The preamble of the ad, in- deed, declares the propriety and the intention, to put the effects of abfent debtors, and of debtors dwelling upon the fpot, on an equal footing, for making rellitution for debts, { t Val. DaIl.` ` ° Edit. p. 6o.] but that intention would be ealily frullrated, if eve- ry Foreigner, by inltituting a fuit, could furnilh a bar to the ati tachment : Our courts would, in effec}, be liill open to non- relidents, but {hut againll their creditors. Even, however, in Eng/mad, while the fuperior courts refufe to give the eifeét def- cribed, to foreign attachments illiiing from an inferior tribunal, they have exerciled their own authority in a manner very Gmilar to that which is now contemplated; by ordering the lhctilf to , retain in his hands, for the ulie of the plaintiff in one aelion, a fum of money which he had levied for the defendant at his fuit, in another action. Dang. 219. But, on the _/{wml objection, I have the misfortune to diifer from the opinion entertained by my brethren: For, I think, it has been long and clearly fettled, upon principles of natural jullice, and commercial con·.·enience, that joint etlbfts {hall lirlt be applied to the payment of joint debts; and that the feparatc creditor of a partner [hall not be let in to a (hare of the partner- {hip property, ’till the whole of the partnerfliip debts are {atls- licd. 2 I'rr1:. 293. 706. t I'}:. 2.42. 49*;. Cmp. 449. z;·P. ix.

�