Miller v. Fiss

It appearing on the day to which the cause been adjourned that the defendants were not partners, as the plaintiff supposed they were, but officers of a corporation known as the *67Fiss, Doerr & Carroll Horse Co., and that such corporation should properly have been made defendant, the plaintiff moved and was allowed to reduce the recovery demanded in the summons from $100 to $49. Ho objection to the amendment was made in the court below, and the defendants apparently acquiesced in it. The question whether the power was judiciously exercised cannot be raised for thé first time on appeal.

The…