Sims v. Herzfeld

1. Tbe suit was upon two judgments alleged to bave been recovered by tbe plaintiff against a partnership of wbicb tbe defendant was a member. Tbe defendant did not, either by bis demurrers or by bis pleas, raise tbe question as to bis individual liability upon a judgment against bis firm alone. In tbe count added by tbe amendment there are allegations in reference to tbe contracts upon wbicb tbe judgments were recovered, wbicb are not material to tbe cause of action upon tbe judgments themselves. No objection, however, was interposed in any way to tbe presence in tbe complaint of these…