Horafeus v. Mangos

Opinion by

Linn, J.,

Plaintiff filed his bill against defendant' in the municipal court alleging that they were partners in a restaurant business and that defendant was excluding plaintiff (the details of his averments are immaterial on this appeal), and prayed, inter alia, for an injunction and for a receiver to take charge of and operate the business. At the hearing on the application for a preliminary injunction, plaintiff testified that the value of the partnership assets was $5,000, and that he valued his own share at $2,500. Defendant then (and before the time for filing an answer…