Dimond v. Minnesota Savings Bank

I concur in the result, for the reasons hereinafter stated.

Section 5177 does not contemplate a judgment which binds the *302joint property of all the associates and also the individual property of those defendants on whom the summons may happen to be served. If the plaintiff seeks the individual liability of any of the persons jointly liable, he should be compelled to seek the individual liability of all of them. The statute was never intended to allow any such defect of parties as would otherwise result. It is immaterial whether the names of the defendants are known or unknown. The plaintiff may…