Smelt v. Knapp

The defendant in error brought suit against the plaintiff in error in justice court, in Nuckolls county, for the sum of one dollar and fifteen cents. The action was brought in the name of W. S. Knapp, plaintiff. On the return day the plaintiff in error appeared specially : “ 1st. To object to the jurisdiction of the court over defendant, because there has been no proper notice served upon defendant and, “2d. Because the plaintiff has no legal capacity to sue in the name or initial letters of the name W. S. Knapp.”

These objections were both overruled by the justice. The plaintiff in error…