An Action Againet the Standard Oil Company An action brought by Hsu Wen fiwa Tang against the Standard Oil Company was the subject. of -a special ruling by his Hou, Tudize Lobingier at the U. 8. Court fo China on Thursday. The action is one to recover presession of certain real property, and plaintiff's right ta sue, in the capacity of "A Chiness family" has been questioned. On thi. demurrer entered in this con nexion, Judge Lobingier ruled as follows This is an action to recover the possession of certain real property situated in the city of Chinkia: with damages for its alleged wrong ful detention. The original plead ing contains as its first averment.
"that the plaintiffs are a Chinese family composed of a body of individuals known and siylest as the Hsu Wen Hwa Tang."
Defendant now interposes a demurrer on the grounds inter alia "that, the plaintiffs have no legal capacity to sue" and "that there i+ a defect of parties plaintiff.
Authority for the above quoted averment is claimed in the following provision:
"When two or more persons associated in any business, transact if, under a common nam, they. may sue and be sued therein regardless of whether it includes their individual names, but the latter mush be disclosed upon demand of the advance party."
It is not alleged, however, that plaintiffs are "as in any
Text read from the printed page and cleaned; old type leaves the occasional error.