Church v. D. R. Callihan & Co.

This action was instituted against the plaintiff in error in the district court of Frontier county, defendant in error being designated therein as D. R. Callihan & Co., with no statement, that it was formed for the purpose of carrying on or doing any business or holding any species of property in this state, or pleading the names of the individual members of the partnership. That the defendant in error was a partnership appears from the verification to the petition filed, as follows: “D. R. Callihan, being one of the members of the firm plaintiff, says that he has read the foregoing petition;…