Sayres v. Whitehead, Eggleston & Co.

Opinion of the Court by

Judge Peters:

This action, as the caption shows, is brought in the name of J. L .Eggleston, N. R. Whitehead and E. W. Sherom, late partners as Whitehead & Eggleston, for benefit of Joe Simonton & Co., against appellant. Simonton & Co. are not made plaintiffs^ either in the caption or body of the petition, but the caption shows that they are the persons beneficially interested as plaintiffs, and the bill of particulars filed with the petition, and made part of it, shows that the debt was contracted with Simonton & Co.

The 30th section of Civil Code provides every action…