Whittier v. Atkinson

In support of his demurrer the defendant, Levi Atkinson, contends, (1) that he is not a proper party to the action for the reason that it appears he never was a member of the alleged partnership; (2) that there is a defect of parties defendant because two members of the partnership are alleged to be deceased and no representative of the estate of either is made a party to the action; (3) that the action is barred by the statute of limitations, sec. 330.19 (6), Stats.; and (4) that if it were not barred by the statute of limitations, the plaintiffs were guilty of laches which deprives them of…