Todd v. Young

The question presented in this case for our decision is one of practice. The plaiutiffs, James Todd and John R. Pioneer, who composed the commercial firm of James Todd & Co., sued the defendant for a balance of account. After service of citation and before issue joined, John R. Pioneer died; and the defendant filed an exception to the right of the surviving partner, James Todd, to prosecute the suit and stand in judgment. Thereupon the surviving partner filed a supplemental petition, in which he prayed for permission, as liquidating partner, to prosecute the suit against the defendant for the…