Craig v. Smith
Supreme Court of Colorado
Appeal from District Court, Conejos County. This suit was brought before a justice of the peace against “ P. L. Oraig and W. B. Broad, partners using the firm name of Broad & Oraig,” for a certain demand alleged to be due Smith & Wilson. Service of process was secured only upon Oraig, one of the partners.
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Appeal from District Court, Conejos County. This suit was brought before a justice of the peace against “ P. L. Oraig and W. B. Broad, partners using the firm name of Broad & Oraig,” for a certain demand alleged to be due Smith & Wilson. Service of process was secured only upon Oraig, one of the partners. The return of the constable recited the fact that such service was had “by reading the within to the within-named defendant, and by leaving with him, P, L. Oraig, of the firm of Broad & Oraig, a copy of the same.” Judgment was rendered by the justice of the peace for plaintiff for $188.25,…
1Opinion of the CourtHelm, J.
This action was brought against the firm of Broad & Oraig to collect an alleged partnership debt. *221Judgment was rendered against Craig, the partner served with process, as if for an individual debt.
The evidence is not before us. Whether it established a debt against the firm, a joint liability of Craig and the firm, or simply a personal liability on the part of Craig, it was error to render judgment against Craig alone, because he was not a party to the suit. Freem. Judg. § 141, and cases cited. Craig was served with process solely as a partner, and as a partner he responded and defended. His…
2Cited by23 opinions
- Jones v. LanghorneSupreme Court of Colorado · 1893
- Dessauer v. KoppinColorado Court of Appeals · 1893
- Heaton v. SchaefferSupreme Court of Oklahoma · 1912
- Thompson v. WhiteSupreme Court of Colorado · 1898
- Peabody v. OlesonColorado Court of Appeals · 1900
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