Young v. Hoglan
Synopsis
Partnership Accounts—Settlement—Parties.—A settlement of partnership accounts cannot be made in a collateral action in which the partners are not made parties.
Attorneys—Authority in Settlement of Partnership Accounts.— A court cannot enter judgment upon a report of a referee to state the accounts between partners who are not parties to the proceeding, notwithstanding the agreement of attorneys to that effect.
By the COURT. A settlement of the partnership accounts between Rogers and Powell, as contemplated at the time of the sale of the sheep by Powell to Hoglan, can only be made in a proceeding to which both Rogers and. Powell are parties.
Judgment reversed and cause remanded, with directions to permit the parties to amend the pleadings so as to make Rogers and Powell parties to the action.
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