Olsen v. Puntervold, No. 21192.
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
| Writing for the Court | PER CURIAM |
| Citation | 338 F.2d 21 |
| Parties | Ivar OLSEN, Appellant, v. Sverre PUNTERVOLD, Appellee. Sverre PUNTERVOLD, Appellant v. Ivar OLSEN, Appellee. |
| Docket Number | No. 21192. |
| Decision Date | 01 December 1964 |
338 F.2d 21 (1964)
Ivar OLSEN, Appellant,
v.
Sverre PUNTERVOLD, Appellee.
Sverre PUNTERVOLD, Appellant
v.
Ivar OLSEN, Appellee.
No. 21192.
United States Court of Appeals Fifth Circuit.
October 29, 1964.
Rehearing Denied December 1, 1964.
N. J. Durant, Miami, Fla., for appellant.
Herbert F. Krensky, Miami, Fla., for appellee.
Before JONES and GEWIN, Circuit Judges, and ESTES, District Judge.
PER CURIAM.
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.
The judgment of the district court is
Affirmed.
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United States ex rel. Shakopee v. Pan American Management, Civ. No. 4-85-231
...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 v. Milhous, No. 2--573A117
...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 stated: 'That the pri......
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Incas and Monterey Printing and Packaging, Ltd. v. M/V Sang Jin, Nos. 83-2571
...or malicious prosecution does not lie as a compulsory counterclaim under Page 965 F.R.Civ.P. 13(a). See, e.g., Olsen v. Puntervold, 338 F.2d 21 (5th Cir.1964) (malicious prosecution); U.S. General, Inc. v. City of Joliet, 598 F.2d 1050 (7th Cir.1979) (malicious prosecution). See generally 3......
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Nutri-West v. Gibson, NUTRI-WEST
...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 proceedin......
-
United States ex rel. Shakopee v. Pan American Management, Civ. No. 4-85-231
...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......
-
Hunter v. Milhous, No. 2--573A117
...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 stated: 'That the pri......
-
Incas and Monterey Printing and Packaging, Ltd. v. M/V Sang Jin, Nos. 83-2571
...or malicious prosecution does not lie as a compulsory counterclaim under Page 965 F.R.Civ.P. 13(a). See, e.g., Olsen v. Puntervold, 338 F.2d 21 (5th Cir.1964) (malicious prosecution); U.S. General, Inc. v. City of Joliet, 598 F.2d 1050 (7th Cir.1979) (malicious prosecution). See generally 3......
-
Nutri-West v. Gibson, NUTRI-WEST
...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 proce......