Carswell v. B. F. Kay & Son

The action was against P. L. Carswell and G. A. Carswell as partners. No service was had on G. A. Carswell. At the trial plaintiff moved to dismiss the suit as against G. A. Carswell; but the record discloses no formal action on this motion. The court proceeded to a judgment against the defendant P. B. Carswell, thus, in effect, treating the case as if brought against him alone. This was irregular. The judgment should have disposed of the cause as against G. A. Carswell; but the practical results were the same. There is nothing of which appellant defendant may complain, nor any ground of…