Bougher v. Scobey

Ray, Ch. J.

This case has twice before been considered by this court upon appeal, and the questions now presented require us to examine the former rulings herein.

The opinion of the court, upon the first consideration of the case, is contained in the 16th volume of the State Reports, page 151. The two paragraphs of the complaint, upon which the questions of law arise, are set out in substance in that opinion, and are as follows:

“ The second paragraph of the complaint alleges in substance that the plaintiffs, who constitute several firms, together with Booth and Preston, who are made defendants,…