TOWNSEND, Judge.
1. Assuming the fact most favorable to the defendant in error that the designation of the defendants as "B. D. Ross, H. B. Broome and L. C. Broome d/b/a Ross Trucking Company" imports a partnership, and that the evidence on the original trial supported this proposition, and assuming further in favor of the defendant in error, since the record does not positively refute it, that Ross, who is not a party to the motion to vacate, was properly served...
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