Noonan v. Nunan

Citations

• 76 Cal. 44
• 18 P. 98
• 1888 Cal. LEXIS 821

Syllabus

<p>Appeal—Piling Undertaking and Notice. —An appeal is properly taken when the notice of appeal is served on the 12th of January, 1885, filed on the following day, and the undertaking on appeal is filed on the 16th of the same month.</p> <p>Partnership—Purchase of Interest of Deceased Partner. —The mere purchase of the interest of the estate of a deceased partner in the partnership property does not create a new partnership between the purchaser and the surviving partner of the old firm.</p> <p>Id.—Pleadings — Accounting — Tenancy in Common.—A plaintiff, who bases his right to an accounting upon an allegation of a partnership between himself and the defendant, is not entitled to such relief upon the mere proof of a tenancy in common.</p>