Alpers v. SchamMel

Citations

• 75 Cal. 590
• 17 P. 708
• 1888 Cal. LEXIS 590

Syllabus

<p>Pleading — Partnership — Promissory Note. —The complaint in an action on a promissory note, after alleging that the defendants at all the times therein mentioned were partners, averred that “the said defendants, copartners as aforesaid,” executed the notes in question: held, a sufficient averment that the notes were executed by the defendants as copartners.</p> <p>Verdict—Evidence—Specifications of Particulars.—A verdict cannot be attacked on the ground that it is not supported by the evidence, when the record contains no specifications of the particulars in which the evidence is insufficient to sustain it.</p> <p>New Trial — Notice of Intention—Record on Appeal.—A notice of intention to move for a new trial is not part of the record on appeal, unless incorporated in the statement or hill of exceptions.</p> <p>Id. — Verdict against Law — Order Refusing New Trial — Appeal. — An alleged error in refusing a new trial, on the ground that the verdict is against law because unsupported by the evidence, will not be considered on appeal from the order refusing the new trial, when the notice of intention to move for a new trial is not made part of the record.</p> <p>Id. — Action against Partners — Verdict — Judgment — Default— Defendant not Appearing. — The action was brought against three defendants, constituting a partnership, on certain promissory notes executed by them as partners. Two of the defendants appeared and answered. The other did not appear, and no default was entered against him for not answering, and the record did not affirmatively show that he had been served. The record showed, however, that he died two days after the commencement of the action. The jury returned a general .verdict in favor of the plaintiff, on which judgment was entered against all the defendants. Held, that the verdict and judgment, so far as they purported to be against the defendant not appearing, were erroneous, and should be modified accordingly.</p> <p>Id.—Judgment on Verdict — I