Blackwell v. John Reid & Co.

The plaintiffs are designated in the writ and declaration by the name of John Reid & Oo. The declaration was demurred to for want of certainty as to the parties, and the demurrer was overruled and judgment final given against the defendant.

This judgment was erroneous. The demurrer was well taken, and ought to have been sustained. Partners cannot sue, nor be sued, by their copartnership name, but the names of the individuals suing, or being sued, must be stated. 1 Ohitty PI. 12, 256. Some indulgence is allowed in this respect in certain cases, by statute, but not to an extent sufficient to…