Berns v. Graston Gas Coal Co.

Johnson, Pkesident :

Charles Berns, an infant, by Charles Berns, bis next friend, brought an action on the case in June, 1881, in the circuit court of Marion county against James O. Watson, A. Brooks Fleming and James Boyer, partners doing business as the Gaston Gas Coal Company. There were three counts in the declaration, to which declaration and to each count thereof the defendants demurred, and the court sustained the demurrer as to the first count and overruled it as to the other two *287counts. We will not examine the first count. The second and third counts, which are substantially the same,…