Roberts v. William Rowan & Co.

2 Del. 314

Opinion

The Court

said that the 2d and 4th exceptions were both fatal. The principle decided in Cohsberry vs. Stoops (1 Harr. 448,) was, that where it appeared from the record that the proof and allegations were heard by the justice, it would be sufficient without his so stating. Here the justice sets out the cause of action, being an account, and which is the allegation of the plaintiff; but it does not appear that it was in any manner proved, even by the production and proof of his books. But the other ground is also fatal. A firm, cannot sue without setting out its members, and it is a good objection on the general issue, and need not be pleaded in abatement.

Judgment reversed.