Stubendorf & Co. v. Sonnenschein
Nebraska Supreme Court
Error from the district court of Cuming county. Heard below by Barnes, J. The title of a case is as much a part of the petition as any other part. Code, see. 89.' Moreover, this is a suit not against the partnership but the individual members. Smith v. Gregg, 9 Neb., 213.
1Opinion of the Court
Maxwell, Oh. J.
In September, 1880, the plaintiffs filed their petition against the defendants in the district court of Cuming county, to recover the sum of $109.60 upon an account. The defendants demurred to the petition upon the ground that the facts stated therein were not sufficient to constitute a cause of action. The demurrer was sustained, and the action dismissed, to which the plaintiffs excepted, and now assign the same for error. The following is a copy of the petition:
“ Stubendorf & Co., a firm doing business in the State of .Nebraska, not incorporated,
Plaintiffs,
v.
Fred. Sonneschine…
2Cited by2 opinions
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- Eiseley v. TaggartNebraska Supreme Court · 1897