Rice v. Doniphan & Smoot

Judge Breck.

delivered the opinion of the Court.

Smoot, as a member of the firm of Doniphan & Smoot, was a necessary party, and was properly made a defendant by Rice in his bill. The service of process on Doniphan, and his answer did not, we think, render it unnecessary to serve process upon Smoot. Service of process upon one partner is not deemed sufficient, and equivalent to service upon the other or all the partners. Smoot not having answered, and not being before the Court by service of process or otherwise, the Court erred in hearing the case upon the merits and dismissing complainant’s…