E. A. Pierce & Co. v. Sayers

Plaintiffs, after a jury trial, had a judgment against defendant in the sum of $552.50. Defendant appealed on several grounds, but limits his “statement of questions involved” to the following :

“Is it necessary for plaintiffs, alleging that they were bringing the action as a partnership where no affidavit is filed with the declaration showing who the partners are, to prove the copartnership and the members thereof where the answer neither admits nor denies the copartnership, but leaves plaintiffs to their proof?”

Court Rule No. 67, § 1 (1933), as amended, concludes with this statement:

“Ordinari…