Potts v. Whitson

Counsel for plaintiff procured the default of appealing defendants R. D. Whitson and Herman Lewis to be entered by the clerk in the trial court on the theory that an answer filed by them was not their answer, but was the answer of an independent entity—the WhitsonLewis Theaters, an association or partnership of which the defendants were members. The fact that the partnership existed was alleged in the body of the complaint but it was not made a party as an entity or sued by its common name as might have been done under section 388 of the Code of Civil Procedure. After so causing the…