(a) In commencing a civil action by or against a partnership, it shall not be necessary to insert the names of the partners in the process, provided the partnership name is stated. The plaintiff shall have the right, within the first three days of the court after the return day, to amend the process without costs by inserting the names of the partners.
(b) An attachment, in any civil action against a partnership, of the private property of any of its members shall not be valid unless the name of the member is set forth in the process at the time of the attachment.
(1949 Rev., S. 7834; 1959, P.A. 28, S. 108; P.A. 82-160, S. 46.)
History: 1959 act deleted reference to writs returnable before a justice of the peace; P.A. 82-160 rephrased the section and inserted Subsec. indicators.
The court may extend the time for amending. 19 C. 62. There can be no amendment by adding new names if only one was in the original writ. 24 C. 14. A writ against three as partners can be amended by adding a fourth. 32 C. 106. Cited. 61 C. 227. But plaintiff may sue partners in individual names instead of by partnership name. 103 C. 445. Cited. 117 C. 637; 192 C. 497; 194 C. 144.
Cited. 4 CA 339.
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