Walsh v. Kirby

Citations

• 228 Pa. 194
• 77 A. 452
• 1910 Pa. LEXIS 452

Syllabus

<p>Partnership — Service of process — Sheriff’s return.</p> <p>1. Where an action is brought against two persons named trading as a partnership, the return of the sheriff is good where he states that he served the writ upon one of the defendants, naming him by name, as “general manager, and one of the defendants.” In such a case the words “general manager” may be considered as surplusage.</p> <p>2. In an action against a partnership the service of the writ is good for the purpose of binding the partnership property and assets if made upon one or more of the partners. If, however, it is sought to hold not only the partnership property, but the separate and personal estate of each individual partner, then the service must be made upon each partner.</p>