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Legal Opinion

Sargeant v. Grimes

Court of Appeals for the Tenth Circuit

Decided April 4, 1934No. 975Published

1Opinion of the Court

PHILLIPS, Circuit Judge.

In 1931 Grimes commenced an action in the district court for the city and county of Denver/ Colorado, against the partnership of Otis & Company. The second amended eom-plaint alleged that the partnership was composed of Raymond Sargeant and others.

On account of defects in the first summons issued and served, an alias summons was issued. The alias summons was served on Sargeant as a partner on August 6, 1931. The partnership appeared and filed its answer to the second amended complaint, in which it alleged that Sargeant was not a member of the partnership at the time of…

2Cases cited14 opinions

  1. Mintz v. Tri-County Natural Gas Co.Supreme Court of Pennsylvania · 1918
  2. Craig v. SmithSupreme Court of Colorado · 1887
  3. Heaton v. SchaefferSupreme Court of Oklahoma · 1912
  4. Peabody v. OlesonColorado Court of Appeals · 1900
  5. Thompson v. SweetSupreme Court of Colorado · 1932

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