Miller, Lyon & Co. v. Cappel

The opinion of the court was delivered by

Fenner, J.

The action is upon a mortgage note, and was brought in the name of Tilos. D. Miller, T. Lytt. Lyon and Branch M. King, members of the firm of Miller, Lyon & Co.

An exception was filed that Lyon was deceased at the time of filing the suit. Thereupon plaintiffs were allowed to amend their petition hy striking out the name of Lyou, on full proof that his entire interest had been duly transferred to Miller, and hy praying for judgment in the names of Millér and King alone, and the exception was then overruled.

*882We see no error in this, and the…