Moon v. Cloud

COLEMAN, Justice.

The plaintiff appeals from a judgment granting defendant’s motion for a new trial in an action to recover for damages to plaintiff’s property alleged to be the proximate result of the negligence of defendant.

The caption of the complaint describes the “DEFENDANTS” as:

“W. T. CLOUD, individually and doing business as W. T. CLOUD PULPWOOD COMPANY, and DIXIE TIMBER HARVESTING COMPANY.”

In Counts, One, Four, and Five, plaintiff claims of the “defendants” and in Counts Two and Three claims of the “defendant.” In his pleas of recoupment, defendant refers to himself in the singular; i.…