A Treatise On the Law of Partnership, Including Its Application to Companies

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Rodes, 4 Dana, 144.
No hearing can be had upon a bill in 1154 equity, founded upon articles of co-part- nership, and naming all the partners as defendants, if the return upon the sub- poena does not show that all the de- fendants residing within the State have been duly summoned to answer the bill, although those defendants who have been summoned have appeared and de- murred thereto. Homer v. Abbe, 16 Gray, 543. See, also. Stout v. Fortner, 7 Iowa, 183.
When a suit to dissolve a partnership inv
...olves the question whether certain property is the homestead of one part- ner or partnership property, because boug-ht with firm funds, the wife of such partner is a necessary party. Rhodes V. Williams, 12 Nev. 20.
(f ) See Cox v. Stephens, 9 Jur. N. S.
1144, and 2 N. R. 506; Baboo Janokey Doss V. Bindabun Doss, 8 Moo. In App. 175, and Cawthom v. ChaUe, 2 Sim. & Stu. 127, where it appears, that a surviving partner will, if necessary, be constituted the legal personal repre- sentative of the deceased.


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