Youngquist v. American Railway Express Co.

MORIARTY, C.

This is an action to recover damages which plaintiffs allege that they suffered from the publication by the defendant corporation of a certain telegram alleged to have been false and libelous. The defendant in its answer pleads both a plea in abatement and a plea in bar.

The plea in abatement alleges that plaintiffs are copartners doing business under a fictitious name, and that said copartnership has not complied with the requirements of the statutes, requiring the publication and filing of a certificate showing the true names of the persons constituting the firm; and defendant…