Fitch v. Braddock

Opinion hy

MMXEY, C.

Plaintiff in error in his brief urges the first error assigned and insists that the demurrer to the evidence should have been sustained upon the grounds that the plaintiffs were not entitled to maintain this action, for the reason that it was transacting business under a fictitious name or names, or name not disclosing the names of all of its members, in compliance with the provisions! of the statutes on that subject. It is admitted that the plaintiff in error, Fitch, had no pleadings setting up this defense, and did not raise it in any .other way until he raised it hy…