Durham & Elrod v. Ramhurst Lumber Co.

1. An action was brought by a firm against a corporation. The case was referred to an auditor, whose report was in part to the effect that there was no cause of action in favor of the firm against the defendant, though there might be one in favor of one of the individual members of the firm; and that a set-off which was claimed by the defendant against such partner could not be asserted in this action. Exceptions were filed to the report, which were “overruled” and “stricken,” and the case was brought to this court by writ of error. While it was pending here a petition was presented, showing…