Van Brunt & Davis Co. v. Harrigan

Citations

• 8 S.D. 96
• 65 N.W. 421
• 1895 S.D. LEXIS 7

Syllabus

<p>1. In an action by or against partners in this state, it is not absolutely necessary that the title describe the parties as partners, and give the partnership name, provided the facts appear in the body of the complaint.</p> <p>2. When, in an action against the defendants as partners, the partnership, the names of the members composing the same, and the partnership name are fully set out in the body of the complaint, the omission in the title of such complaint of the statement that such defendants are partners, and constitute a firm, does not render the complaint subject to the objection that the same does not state facts sufficient to constitute a caus'e of action.</p> <p>(Syllabus by the Court.</p>