Donnelly

This is an action brought against Gray Brothers, a copartnership alleged to consist of five members, who are charged by fictitious names, three corporations, and two other defendants charged by fictitious names, for damages to a lot belonging to plaintiff, resulting from certain blasting and grading operations alleged to have been carried on by defendants. The complaint is unverified, and the answer is a general denial. It begins: “Now come the defendants herein,” and is signed “Fisher Ames, Attorney for Defendants,” and in no other way is the identity or names of the various defendants indicated by any pleading or motion filed or made by “the defendants” prior to the entry of judgment. The case was tried before a jury, and a verdict rendered against “the defendants” and in favor of plaintiff. The evidence disclosed that the partnership consisted of Harry N. Gray and George F. Gray only, and that the blasting and grading operations complained of were carried on by such firm only, and there was no evidence tending to connect either of the defendant corporations or any of the other defendants with the matters complained of by plaintiff. The complaint was not amended by inserting the…