Barber v. Smith

It appears that at the time the case was called for trial the defendant Barber and his counsel were absent without legal excuse. The trial court passed the orders on the demurrers and the plea during such absence. There are two questions for decision: Did the court err (a) in overruling the demurrer, and (b) in dismissing the plea of no partnership for want of prosecution?

It will be observed that the allegations as to partnership are that the defendants -"were joint contractors and copartners in certain contracts for the construction of portions of State Highway Boute Ho. 27 . . and during…