Evans v. Darby

Where, to an action on open account, brought by Charles D. Evans, Henry R. Evans, and Mrs. Kathryn R. Evans, doing business as Evans Wood Preserving Company, against F. W. Darby Lumber Company, a partnership composed of F. W. Darby, Mrs. F. W. Darby, Mrs. Buford Knight, Jack Darby, and Robert F. Darby, for items of account running from December 4, 1950, through February 22, 1954, the defendant company interposes at the trial term a “motion to dismiss,” which is in truth a plea in abatement, on the ground that the plaintiffs are improperly proceeding in their individual names as a partnership…