Heavrin v. Lack Malleable Iron Co.

*330Opinion op the Court by

William Rogers Clay, Commissioner

Reversing.

On November 7, 1910, Alfred Heavrin, suing by Ms next friend, Florin Schultz, brougM suit in tbe McCracken Circuit Court against tbe Lack Malleable Iron Company to recover damages for personal injury. Tbe' petition alleged that tbe Lack Malleable Iron Company was a corporation. As a matter of fact it was a partner-skip, composed of F. E. Lack, U. W. Grief and Clarence LeRoy. On tbe filing of tbe petition, summons was issued against tbe Lack Malleable Iron Company. Tbe sheriff of McCracken County made tbe following return on tbe…