I should have thought that such an action as this, i.e., an action on the judgment, could not properly be brought in order to fix with liability as a member of a firm against whom the judgment had been recovered a person who had neither admitted in the pleadings that he was nor had been adjudged to be a partner, or who had not been served with the writ of summons as being a partner and had failed to appear. The Consolidated Rule seems to me to contemplate and provide for a special proceeding appropriate to such a case. The case of Clark v. Cullen, 9 Q.B.D. 355, however, is in favour of the plaintiffs’ right to proceed by action on the judgment and to try therein the question whether the defendant was a member of the firm so as to be bound by the judgment.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.