Practice question
An unnamed partner learns of a partnership judgment only when personal property is levied upon and challenges that levy. The creditor claims the levy itself retrospectively supplies personal adjudication and cures the partner’s exclusion from trial. Which is correct?
- A sheriff’s levy is always a new judgment on the merits.
- Execution cannot replace impleading and the opportunity to be heard on the asserted personal liability.
- Taking property conclusively proves the owner was a party at trial.
- The partner must be liable merely because the creditor says so.
- The judgment can be enlarged solely through a registry notice.
Legal references
- Guy v. Gacott, G.R. No. 206147, January 13, 2016, main decision, plaintiff submission and nonparty partner: https://lawphil.net/judjuris/juri2016/jan2016/gr_206147_2016.html
- 2019 Amendments to Civil Procedure, Rule 14 Section 23 and Rule 8 Section 12, current personal-jurisdiction framework: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
Answer this question in flashcards to review your response and continue practicing.