Barrackman v. J. M. Worthington & Co.

Scire facias to have execution against the real estate of the defendant in the Court below, on a judgment rendered by a justice of the peace. In the Circuit Court there was a demurrer to the scire facias, which was overruled by the Court, and judgment given for the plaintiffs.

Two exceptions are taken to the proceedings in this case, both of which are fatal. The first is, that the writ is sued out in the partnership name of J. M. Worthington & Co., and.the record no where shows the names of the individuals composing the company. In the cases of Hays et al. v. Lanier et al. 3 Blackf. 322, Davis…