Cole v. Gay & Bruce

This action is by appellee against appellant. The complaint contains counts in trover, trespass, and detinue, and the subject of the controversy is two blue mare mules; the plaintiff claiming title to the property under a mortgage executed to the plaintiff by J. W. Nix, on February 12, 1920.

The plaintiffs are described in the summons as “Gay & Bruce, a partnership composed of S. J. Gay and J. S. Bruce,” but the names of the plaintiff are not stated in the complaint as a partnership or as individuals. Motion was seasonably made to dismiss the suit on the ground that “a partnership cannot sue…