Empire Mills v. Alston Grocery Co.

on motion for rehearing.

Opinion by

Davidson, J.

Appellant sued appellees to recover an alleged indebtedness. Appellees were sued as a copartnership firm, composed, of several parties, whose names are set out in the petition. The partnership was denied under oath by all the defendants. By first supplemental petition appellant alleged that appellees had obtained an act of incorporation from the state of Iowa for the purpose of carrying on a general mercantile business in this state; that appellees conducted a mercantile business in Dallas, Texas, and nowhere else; that said business began in…