Kirkpatrick v. Christensen

STANFORD, Justice.

This litigation arose out of an unsuccessful partnership mining venture in the operation of the “Yeager Mine” in Yavapai County. While the action seeks a dissolution of the partnership, to which all of the parties are agreed, primarily it is an action in rem for the fixing of the rights of the partners with respect to the remaining partnership assets which consist of certain machinery and equipment. There are no general creditors of the partnership. Kirkpatrick (plaintiff-appellant) is not seeking a personal judgment against his copartners (defendants-appellees) for the…