Marx Bros. v. Culpepper & Dupont

Mabry, J.:

Plaintiffs in error instituted a suit against defendants in error, the praecipe styling the plaintiffs as George Marx and John Marx, partners as Marx Brothers, and the defendants as Andrew F. Culpepper and John E. Dupont, as partners as Culpepper & Dupont. The summons was served upon Culpepper, one of the firm and *323partners as Culpepper & Dupont, but both defendants appeared and hied - separate pleas hereinafter stated.

The first count in the declaration is, that “George Marx and John Marx, partners doing business as Marx Brothers, plaintiffs, by M. C. Jordan, their attorney, complain…