Lee v. Orr

Citations

• 70 Cal. 398
• 11 P. 745
• 1886 Cal. LEXIS 800

Syllabus

<p>Pleading—Designation oe Plaintiffs as Partners—Certificate of Partnership — Immaterial Issue — Finding.—Where the title of an action designates the plaintiffs as partners doing business under a fictitious name, but it does not appear either by the complaint or answer that the cause of action of the plaintiffs is upon or on account of any contract made or transaction had by them in their partnership name, an allegation in the answer that the plaintiffs had not complied with the law requiring the filing and publishing of a notice of the partnership is immaterial, and no finding thereon is necessary.</p> <p>Fraudulent Judgment—Action to Set aside—Execution—Issuance and Return of.—In an-action by a junior judgment creditor to set aside a prior judgment and execution sale of the property of the debtor on the ground of fraud, the complaint need not allege that an execution had been issued and returned unsatisfied, where it is averred that the judgment debtor has not and never had any property except that sold under the fraudulent judgment.</p>