House v. Duncan

The plaintiffs, in their firm name, brought suit on a promissory note before a justice of the peace against the defendant, and obtained a judgment thereon. Defendant then appealed to the Circui.t Court, and while the case was there pending he moved to dismiss the same on account of a defect in the names of the plaintiffs who were parties to the record, and because there was a nonjoinder of parties. Plaintiff then offered to amend by supplying the defect, but the court refused to permit the amendment to be made, and then sustained defendant’s motion and dismissed the suit.

We think the decision…