38-4-5. [Suits against partners; joinder; enforcement of judgment;
125 words·~1 min read·
/nm/chapter-38-trials/article-4-parties/38-4-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
service of process.]
Suits may be brought by or against a partnership as such, or against all or either of the individual members thereof; and a judgment against the firm as such may be enforced against the partnership's property, or that of such members as have appeared or been served with summons; but a new action may be brought against the other members in the original cause of action. When the action is against the partnership as such, service of summons on one of the members, personally, shall be sufficient service on the firm.
History: Laws 1880, ch. 6, § 6; C.L. 1884, § 1886; C.L. 1897, § 2943; Code 1915, § 4077; C.S. 1929, § 105-111; 1941 Comp., § 19-605; 1953 Comp., § 21-6-5.