Northrup v. A. G. Wills Lumber Co.

*770The opinion of the court was- delivered by

Doster, O. J.:

This was an action in debt to recover the amount of a lumber bill. The plaintiff alleged in its petition as follows :

“That it is and was at all the times hereinafter stated a corporation duly chartered, organized and existing under and by virtue of the laws of the state of Texas.”

The defendants demurred to the petition for the reason that it showed on its face a lack of legal capacity to sue. The demurrer was overruled, atrial had, and judgment rendered for plaintiff. Proper objections to the sufficiency of plaintiff’s evidence were made…