O'Connell v. Schwanabeck

This case was commenced in a justice’s’’ court in the names of Henry P. O’Connell and Patrick' O’Connell, who had previously been partners.

It appeared upon the first trial in the circuit, by the testi-’ mony then .given, that Patrick was dead when the suit was commenced, and shortly before the last trial the plaintiff was allowed to amend his declaration by declaring as surviving partner. This was objected to, and is now made a ground of error.

We think the amendment was alio able under the statute.'

There was no error in allowing the plaintiff to recover for all the work done necessary to…