Albert D. Kelley v. Charles Eidam

BrowN, District Judge.

For convenience in this opinion the plaintiff below will be called plaintiff, and the defendant below, defendant.

This is an action on a promissory note given by the defendant Charles Eidam to the plaintiff, under the name of A. D. Kelley Realty Company. The plaintiff filed his petition in the District Court of Laramie County, Wyoming, in the name of A. D. Kelley Realty Company, plaintiff. The petition was the usual petition on a promissory note. It contained no allegations as to the legal capacity of the plaintiff. The defendant filed a motion in the cause before answer…