Carlock v. Cagnacci
Citations
- 88 Cal. 600
- 26 P. 597
- 1891 Cal. LEXIS 744
Syllabus
<p>Certificate of Partnership — Firm Hame — Surnames of Partners__ A film name composed of the surnames of all the partners is not a “fictitious name,” nor “a designation not showing the names of the persons interested as partners,” within the meaning of section 2466 of the Civil Code, requiring the filing of a certificate of partnership.</p> <p>Id. — Action by Partners — Pleading. — An objection to an action by-partners, on the ground that the plaintiffs had not filed a certificate of partnership, as required by section 2466 of the Civil Code, should be taken by answer, and not by demurrer to the complaint for failing to state that the certificate was filed.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ordering a new trial where the transcript of the final day of trial, which included crucial parts of the trial, was missing and was not adequately recreated
- “[F]orcing appellate counsel — who was not involved in the original trial — to divine error without the aid of a transcript is not only fruitless but also hinders counsel’s ability to adequately and zealously represent [his client] on appeal.”
- “[F]orcing appellate counsel — who was not involved in the original trial — to divine error without the aid of a transcript is not only fruitless but also hinders counsel’s ability to adequately and zealously represent [his client] on appeal.”
- new trial warranted where re-created trial transcript excluded a “crucial portion” of the trial and appellant alleged harm as a result of the missing portion
- “a number of extenuating circumstances” warranted a retrial, including the fact that the parties had tried but failed to complete the record over nearly two decades
- “[T]he jury charge — which is missing here — isa crucial portion of trial in which jurors are instructed on the applicable law, on how to evaluate the evidence, and on how to deliberate and reach a verdict[.]”
Source: CourtListener parenthetical corpus (CC0).
Judges: McFarland
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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