Cobb & Woodham v. W. E. Duggan Lumber Co.

The appeal in this case is on the record, and presents but one major question for decision. The suit was brought by W. E. D-uggan Lumber Company against these defendants both as a partnership and as individuals. There was no appearance by defendant, and judgment was rendered by default.

It is here insisted that the complaint fails to show on its face a legal plaintiff with capacity to maintain the suit, and that therefore the judgment must be reversed and the cause dismissed.

After judgment has been rendered by default and an appeal is taken to this court, the complaint must be allowed every…