Cook v. Fowler
NEIL COOK v. TILMAN FOWLER
Syllabus
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Searls, C.
Defendants appeal from a final judgment against them and in favor of plaintiffs for five hundred and sixty-one dollars and seventy-five cents and costs upon a promissory note made by defendants. There is no statement or bill of exceptions.
There is but a single point made by appellant. It is that the complaint shows that plaintiffs were copartners under a designation not showing the names of the persons interested as partners, and that they have failed to aver or prove a compliance with the provisions of sec *90 tions 2466 and 2468 of the Civil Code, by filing and publishing a certificate stating the names and place of residence of the copartners as therein provided.
The point is not well taken. The failure to make, file, and publish the certificate in question is matter of defense, to be set up by defendants, and, not having been so taken, is waived. (Phillips v. Goldtree, 74 Cal. 151 ; Garloch v. Gagnacci, 88 Cal. 600 .)
The judgment appealed from should be affirmed.
Vancliee, C., and Haynes, 0., concurred.
For the reasons given in the foregoing opinion, the judgment appealed from is affirmed.
De Haven, J., McFarland, J., Fitzgerald, J.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 9 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.