R. H. Paul v. Commercial Bank Ocala

SHACKLEFORD, J. -- For the second time R. H. Paul brings here for review a judgment recovered against him by the Commercial Bank of Ocala, a corporation. The opinon which we rendered upon the former writ of error will be found in 66 Fla. 83, 63 South. rep. 265. As stated therein, the bank brought an action against ""R. H. Paul, W. J. Hilman, S. A. Rawls, C. M. Sweat, and F. L. Sweat, as late partners, formerly doing business under the name and style of S. A. Rawls & Company"" on a promissory note signed by S. A. Rawls & Co. Service of process was had on R. H Paul alone. W. J. Hillman and S. A. Rawls appeared and pleaded. C. M. Sweat and F. L Sweat were not served and did not appear. The action was dismissed as to Hillman upon the theory that the was not a partner and was not liable.