
    The Chicago Cheese Co. v. Smith & Cothran.
    1. Where an action upon an account is brought by a partnership dissolved since the account was made, it is no cause for nonsuit that one of the partners has assigned in writing his interest in the account to the other. Both partners being before the court as parties to the action, the defendant has no interest in the question of ownership of the account, as between the plaintiffs themselves. Gilmore v. Bangs, 55 Ga. 403.
    2. The court having inadvertently granted a nonsuit because of a supposed defect in the action, as to parties, and not having passed upon the merits of the motion for a nonsuit as disclosed by the evidence, it was proper to reinstate the case on motion made during the same term.
    July 30, 1894.
    Motion to reinstate. Before Judge Turnbull. City court of Floyd county. September term, 1893.
    McHenry, Nunn ally & Neel, for plaintiff in error.
    Fouché & Fouché, contra.
    
   Judgment affirmed.  