Tabler, Crudup & Co. v. Bryant

Citations

• 62 Miss. 350

Syllabus

<p>1. Partners. Summons served on one. Effect as to others.</p> <p>In a suit against partners, the service of a summons on one is not service as to * the others, either at common law or under any statute of this State.</p> <p>2. Same. One summoned. Judgment against all. Record wider 1519, Code 1880.</p> <p>If, in a suit against partners, a justice of the peace render a judgment against all of “ said defendants,” while one only has been summoned, such judgment should be set aside when taken before the circuit court by a certiorari, if it does not appear by the return on the summons, or elsewhere in the record, that the defendants not summoned were non-resident or could not be found, as contemplated by $ 1519 of the Code of 1880.</p>