Elston, Prince & McDade, Inc. v. Economy Cash Store

The plaintiff sued the defendant — a commercial concern' — on an open account for $447.83, and legal interest thereon from June 1, 1922. The petition alleged that the defendant concern was a commercial partnership, composed of R. L. Williams, IT. M. Williams and Mrs. Luella C. Williams, and prayed for judgment, in solido, against all of them.

R. L. Williams filed an exception of misjoinder, in which he alleged that he was not, and never had been, a partner in said business. The exception was tried and sustained, and from that judgment the plaintiffs appealed. The above ruling on the exception…