Lavelle v. Birnbaum

Defendant in error, hereinafter referred to as plaintiff, had judgment in the county court (on appeal from J. P. court), in 1908, for the sum of $150, against Graham and Keefe, a copartnership. Graham having died and his estate being in process of administration, said judgment was filed as a claim against it December 9,1924, and was later allowed. The administrator appealed to the district court. Plaintiff there had judgment for $325, to review which this writ is prosecuted.

But one alleged error need be considered, i. e., plaintiff’s failure to show resort to partnership property before…