Olsen v. Puntervold, 21192.
| Citation | 338 F.2d 21 |
| Decision Date | 01 December 1964 |
| Docket Number | No. 21192.,21192. |
| Parties | Ivar OLSEN, Appellant, v. Sverre PUNTERVOLD, Appellee. Sverre PUNTERVOLD, Appellant v. Ivar OLSEN, Appellee. |
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
N. J. Durant, Miami, Fla., for appellant.
Herbert F. Krensky, Miami, Fla., for appellee.
Before JONES and GEWIN, Circuit Judges, and ESTES, District Judge.
Ivar Olsen, plaintiff in the district court, appellant here, sought to recover in a diversity action in Florida from the appellee, Sverre Puntervold, on a judgment rendered in a New York Court against a partnership of which the appellee was a member in a case where no service was had on the appellee. The district court correctly held, in dismissing the complaint, that a judgment against a partnership is not binding upon a partner in his individual capacity where rendered in an action without service upon him.
The appellee, Puntervold, filed a counterclaim for malicious prosecution which the district court dismissed without prejudice. The counterclaim was premature and the dismissal was proper. 3 Moore's Federal Practice 36, Par. 13.13 n. 19.
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...a partnership does not confer jurisdiction over a partner or other defendant unless the partner is properly served. Olsen v. Puntervold, 338 F.2d 21, 22 (5th Cir.1964); Ford Motor Co. v. Sylte, 188 Minn. 578, 579, 248 N.W. 55, 56 (1933); Antiel v. V.W.E. Investments, 353 N.W.2d 681, 683 (Mi......
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...Hunter's counterclaim is in accord with federal cases interpreting the rule from which our own Trial Rule 13 is derived. Olsen v. Puntervold (5th Cir. 1964) 338 F.2d 21; Knoshaug v. Pollman (D.C.1956) 18 F.R.D. 386; Bach v. Quigan (D.C.1945) 5 F.R.D. In Knoshaug v. Pollman, supra, the court......
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...be bound in their individual capacities, however, because effective service upon them as individuals was not achieved. Olsen v. Puntervold, 338 F.2d 21 (5th Cir.1964). See also 4A C. Wright & A. Miller, Federal Practice and Procedure: Civil 2d § 1105, p. 136 Reversed and remanded for procee......