Frank v. Webb

Citations

• 67 Miss. 462

Syllabus

<p>1. Infant. Service of process. Guardian ad litem. Parent or guardian in this state.</p> <p>Service of process in Tennessee on minor defendants to a suit in this state, when it has not been made to appear that there is no father, mother, or guardian in this state upon whom process may be served, does not give the court jurisdiction as to such minors, or authorize the appointment of a guardian ad litem for them. Erwin v. Carson, 54 Miss. 282, cited.</p> <p>2. Partneeship. Services of partner. Compensation therefor.</p> <p>Without an agreement authorizing it, a partner cannot charge the firm or co-partners for services. Though such services are rendered in the firm business, this is not alone sufficient; it is incumbent on the partner asserting a claim to show a contract or agreement by which he is entitled to compensation for services so rendered.</p> <p>3. Same. Evidence. Statements of bookkeeper. Hearsay.</p> <p>In a suit against surviving partners by the representatives of a deceased partner, proof of statements made by a former bookkeeper of the firm, to the effect that such partner had a salary, is incompetent.</p> <p>4. Same. Proof of salary in another firm. Insufficient evidence.</p> <p>In such suit, to establish an agreement for compensation, it is insufficient to show that the deceased partner received a salary for similar services as managing partner in a firm of which defendant’s firm was the successor.</p> <p>5. Same. Salary of partner. Case in judgment.</p> <p>In such an accounting the representatives of the deceased claimed 12 years’ salary, on account of his services as managing partner. There was no direct evidence of añ agreement for compensation. It was shown that he received a salary as managing partner in a firm of which defendant’s firm was successor. There was also evidence of the hear-say statement of a former bookkeeper of defendant’s firm, that deceased had a salary in it; but this was denied, and it was shown that the books of the firm wer