Herren v. Shelnutt

The summons and complaint named S.W. Herren and Wheeler Barker as individuals and as partners doing business under the firm names of Herren Barker and Barker Herren, and claimed against the individuals and against the two partnerships. Herren filed a special plea, denying the partnership. Issue being joined, the jury, after hearing the evidence, returned a verdict as follows:

"We, the jury, find the issue in favor of the plaintiff and against S.W. Herren as an individual, and against the partnership of Herren Barker and Barker Herren, and assess the damages at the sum of $274.25."

Upon this…