Harnett v. Edmonston, Dir.

An issue was thus joined by the pleadings.

The plaintiff brings this suit as a tax payer and also brings the suit as the President of The Buckeye Blower Company, a company engaged in the manufacture of ventilating appliances in competition with the Hernelco System. He also states in his petition that he brings the suit in behalf of all others similarly situated. The averments of the petition clearly show the capacities in which plaintiff sues. The third paragraph of the second page of the petition sets forth clearly that he is suing as an individual tax payer and as President of The Buckeye…