Halsey v. Norton

Citations

• 45 Miss. 703

Syllabus

<p>1. Partnership—bankruptcy — effect on partnership property.— The effect of the bankruptcy of one copartner is to dissolve the copartnership and render the solvent members of the firm and the assignee of the bankrupt tenants in common of the partnership effects.</p> <p>2. Same — suit for property after dissolution.—In a suit brought for partnership property, the solvent partner must be joined with the assignee of the bankrupt as co-plaintiff.</p> <p>3. Circuit court—pleading and practice—non-joinder, how taken advantage of.—A non-joinder, if it appear on the face of the declaration, must be taken advantage of by demurrer; if not, it may be taken advantage of by plea, or if it appear from the evidence adduced at the trial, then by nonsuit.</p> <p>4. Supreme court — objections not arising on the record will not be considered. — A firm name is not evidence of who the partners are; and. therefore, where the only ground for supposing a non-joinder, which appears on the record is, that the plaintiffs in the declaration do not comprise all the names included in the style of the firm, this court will not consider the objection.</p>