Joseph P. Bradley

“ But to hold that the other partners, or persons charged as such, who have not been served with process, will be bound by the judgment in such a case, which shall conclude them as well on the question whether they were partners or not when the debt was incurred as on that of the validity of the debt, would, as it seems to us, be carrying the power of a partner, after a dissolution of the partnership, to an unnecessary and unreasonable extent. ”

“ If regular on their face, and if appearance has been duly entered for the defendant by a responsible attorney, though no process has been served and no appearance authorized, they will not necessarily be set aside; but the defendant will sometimes be left to his remedy against the attorney in an action for damages: otherwise, as has been argued, the plaintiff might lose his security by the act of an officer of the court. ”

“ Second, There is no remedy in any of the courts of the State where suit is brought upon the judgment, either by direct application to the court in which it was rendered, or by suit against the attorney who appeared without authority.
The fact that a party must resort to a distant forum outside the limits of his own State for redress has frequently been held to be an inadequate or insufficient remedy, and almost equivalent to none at all. ”

“ As the power of each partner must be equal to that of any other partner, unless modified by agreement, this power of one partner of winding up the affairs of the firm must be complete.
The conclusion to be drawn is, that a partner, after dissolution, has the same power as before in regard to suits brought by or against the firm ”

“ But, as a general thing, one can hardly conceive of a more dangerous power to be left in the hands of the several partners after the partnership connection between them is terminated, or one more calculated to inspire a constant dread of impending evil, than that of accepting service of process for their former associates, and of rendering them liable, without their knowledge, to the chances of litigation which they have no power of defending. ”

“ The authority of one partner to employ an attorney to represent the firm in a suit, and to enter the appearance of all its members, rests on the undisputed doctrine, that such partner, in all things relating to the firm transactions, can lawfully represent the firm, unless restricted by agreement. ”

“ If a suit be brought against all the partners, and only one of them be served with process, he may undoubtedly, in his own defence, show, if he can, that the firm is not liable, and to this end defend the suit. ”

“ In most of the States legislative acts have been passed, called joint-debtor acts, which, as a substitute for outlawry, provide that if process be issued against several joint-debtors or partners, and served on one or more of them, and the others cannot be found, the plaintiff may proceed against those served, and, if successful, have judgment against all. ”

“ Key v. Robinson, 29 id. 34; Lirch v. Foster, 1 Ves. Sr. 88; Edminson v. Baxter, 4 Hayw. (Tenn.) 112; Graham v. Tarkersby, 15 Ala. N. S. 644; Hinrichson v. Reinbach, 27 Ill. 301.
As the evidence offered by Lybrand that the attorney who appeared for him did so without authority does not contradict, but simply explains, the record, he was not estopped. Shelton v. Tiffin, 6 How. 186; Gleason v. Dodd, 4 Met. 338; Barden v. Fitch, 15 Johns. 121; White v. Jones, 38 Ill. 163; Welch v. Sykes, 3 Ill. 200; Hall v. Williams, 6 Pick. 232 ”

“ Braddick, 1 Taunt. 104, per Lord Mansfield; Pritchard v. Draper, 1 Russ. & My1. 191; Vinal v. Burrill, 16 Pick. 401; Bridge v. Gray, 14 id. 55; Simpson v. Geddes, 2 Bay, 533; Garland v. Agee, 7 Leigh, 362; Woodworth v. ”