Nigh Lumber Co. v. Johnson

The principal assignment of error urged here is that the action should have been brought in the name of A. R. Johnson alone. We see no merit in the contention. The undisputed evidence is that Judge Jones was interested in the contract of employment. Whether that interest arose prior or subsequent to the employment, whether as partner, assignee or what not, his interest in the claim not only entitled but compelled his presence in the case as a party plaintiff. In the state of this record, the defense is merely captious.

It is also contended that inasmuch as the plaintiffs constituted a firm for…