Reading v. Mullen

Citations

• 31 Cal. 104

Syllabus

<p>Declaration as Sole* Trader under Act op 1852.—The Act of 1852 relating to sole traders does not require that the declaration provided for therein should have an acknowledgment of any kind certified by the officer before whom it is taken. It is sufficient if the officer before whom it is made certify to the truth of the paper.</p> <p>Publication op Declaration as Sole Trader.'—It is not essential that a declaration as sole trader under the Act of 1852 be published.</p> <p>Proof that Married Woman was Sole Trader.—The party seeking judgment on a note and mortgage executed by a married woman as sole trader under the Act of 1852, has cast on him the burden of proving that the defendant was a sole trader when she made the note and mortgage.</p> <p>Proof of existence of Declaration as Sole Trader.—A copy of a recorded declaration as sole trader under the Act of 1852, certified by the Recorder, does not prove either the existence or contents of the original.</p>