McJunkin v. Placek & Fitl

Good, C.

Placek & Fitl commenced this action in justice court to recover on an account. The defendant, by motion and objection, properly raised the question that plaintiff had not legal capacity to sue. His motion and objection were overruled and judgment xvas rendered for the plaintiff. *374Defendant took the case on error to the district court, where the ruling of the justice court was sustained and the petition in error dismissed. Defendant appeals to this court.

The only question for consideration is: Did the record disclose that plaintiff had capacity to maintain the action ? Plaintiff’s bill…