Whelan

On January 5, 1895, the defendant, Joseph E. Shain, commenced an action against William Binz and B. Martella upon their joint promissory note, signed “ Wm. Binz,” “ B. Martella,” and caused to be attached certain personal property belonging to a copartnership, of which they were the only members. On January 16, 1895, judgment was entered in the action that-he “ have and recover from B. Martella and William Binz, defendants,” the sum of fourteen hundred and ten dollars and sixty cents, as prayed for.

*328 On January 8, 1895, the defendant, J. S. Reid, commenced an action against the same defendants as co-partners, doing business under the firm name of Binz and Martella, upon certain partnership obligations, and caused to be attached the same property that had been attached by Shain. On January 22, 1895, judgment was entered that he “ have and recover from William Binz and Lawrence Martella., copartners,” the sum of nine hundred and eighty-six dollars and forty-eight cents as prayed for.

Under executions issued on both of the said judgments the plaintiff, Whelan, as sheriff, sold the said attached property for the sum of twelve hundred dollars, and after deducting his proper fees…