Woolery v. Smith

Opinion op the Court by

Judge Siler

Reversing.

The trial court having sustained motions of William T. Smith and Mary Smith, the appellees, to dismiss the petition of R. L. Woolery, trading and doing business as corner grocery, the appellant, the latter now prosecutes this appeal.

The questions that arise on this appeal are: (1) Whether the trial court’s order was proper in dismissing’ the petition as to appellee Mary Smith on the ground that the exhibit filed with the petition contained only the name of William T. Smith and did not include the name of Mary Smith and (2) whether the trial court’s…