Chicago & Southeastern Railway Co. v. Higgins

This action was brought by appellee against appellant to enforce the payment of a judgment alleged to have been rendered by a justice of the peace against the Midland Railway, to whose rights and liabilities appellant has succeeded. Judgment was rendered against appellant. The court overruled a demurrer to the complaint for want of facts and for “defect of parties defendant in this: that George L.

Weitzel should have been made a defendant in said action,” and this ruling is assigned as error.

It is first insisted by appellant that the complaint was insufficient because there are no averments…