Wallace Plumbing Co. v. Dillon

Dillon, sole trader under the name of the Electrical Supply Company, brought suit against the Wallace Plumbing Company in the county court of Fremont county. The defendant pleaded that plaintiff had not filed with the Clerk and Recorder a sufficient affidavit showing the names of the members of his company, etc., as required by R. S. 1908, § 4778, C. L. 1921, § 2457. Judgment was for plaintiff, defendant appealed to the district court and was there again defeated. On writ of error from this' court the judgment was reversed and a new trial granted on the question only of the filing of the…