B. R. Davis & Bro. v. Herman Schaffner & Co.

WILLIAMS, Associate Justice.

The demurrer to the plea in abatement of Mrs. Davis, alleging nonjoinder of the representatives of J. P. Davis, was properly sustained. They had been partners, and the suit was originally brought against the partnership upon a debt of the firm, and service was had upon J. P. Davis. He died pending suit, and his death was suggested of record, and plaintiffs by supplemental petition procured service to be made upon Mrs. Davis, the other partner. She pleaded in abatement that the heirs of J. P. Davis should be made parties. Judgment was not sought against them, nor…