Hale v. City Cab, Carriage & Transfer Co.

Citations

• 66 Wash. 459
• 119 P. 837
• 1912 Wash. LEXIS 788

Syllabus

<p>Appeal — Record—Statement of Facts — Affidavits. Upon appeal from an order granting a new trial, affidavits not brought up by statement of facts cannot be considered, and it is not sufficient to have them attached as exhibits without identification by the judge’s certificate.</p> <p>Partnership — Firm Name — Filing Designation. Under Rem. & Bal. Code, § 8372, exempting partnerships in which the firm name contains all the names of the partners from the necessity of filing with the county clerk; the designation of the firm with the true names of all the partners, plaintiffs, doing business under the name of “Hale-Tindall Co.,” which contains the names of all the partners, are exempt from the requirements of the statute.</p> <p>Partnership — Filing Designation — Actions—Capacity to Sue— Waiver. The objection that a partnership, doing business under an assumed name, cannot maintain an action because it had failed to file with the county clerk the designation of the firm with the names of all the partners, as required by Rem. & Bal. Code, § 8369, goes only to the capacity to sue, and is waived if not raised by demurrer or answer.</p> <p>Appeal — Recobd—Obdeb. The supreme court will not consider an appeal from an order where the record on appeal does not disclose the order or any action of the court in that regard.</p>