Redmond v. W. M. Donaldson & Co.

Mabry, C. J.:

The appellees, W. M. Donaldson and W. H. Donadlson, partners doing business in the firm name of W. M. Donaldson & Co., sued the appellant, W. M. Redmond, in an action of assumpsit and obtained judgment. The record shows that a praecipe for a summons ad respondendum was filed, the issuance and service of the summons, the filing of a plea by the defendant, a trial and judgment in favor of plaintiffs, and the entry of an appeal from the judgment by the defendant. The praecipe and summons are in due form, and no question was raised in reference to either of them in the trial court.…