Article 104

Where persons are sued as partners in the name of their firm, they shall appear individually in their own names, but all subsequent proceedings shall continue in the name of the firm.

Where a summons is served upon a person having the control or management of the partnership, no appearance by him shall be necessary unless he is a partner of the firm sued.

Any person so served may appear under protest denying that he is a partner, but such an appearance shall not preclude the plaintiff from otherwise serving a summons on the firm and obtaining a judgment against the firm in default of appearance when no partner has appeared.