Dobbs v. Mixon

While, as a general rule, where one is sued as a member of an alleged copartnership, a plea merely denying individual liability, but not denying the partnership or alleging non-liability on its part, should be stricken on motion (Waterman v. Glisson, 115 Ga. 773, 42 S. E. 95), yet, where a suit on an open account is brought in a justice’s court against two persons doing business under a name importing a copartnership, but there is no distinct averment that the defendants were partners when the alleged liability arose, and one of the defendants files a general denial of indebtedness, which is…