Etchemende v. Stearns

Citations

• 44 Cal. 582

Syllabus

<p>Affidavits not Admissible in Evidence.—On the trial of an action in which the plaintiff sues two defendants as partners, and one of them denies the partnership, the plaintiff cannot, for the purpose of proving the partnership, introduce in evidence affidavits of the defendant who admits the partnership, and of other persons made for the purpose of dissolving an attachment in another action between the two defendants, it not appearing but what the persons who made the affidavits were living and within the jurisdiction of the Court, and competent witnesses.</p> <p>Evidence to Prove Partnership.—A party who sues two persons as partners, one of whom answers, denying the partnership, cannot, to prove the partnership as against the defendant denying it, introduce in evidence an answer of the defendant admitting the partnership, filed in another case between the two defendants.</p>