Wheeler v. Farmer

Citations

• 38 Cal. 203
• 1869 Cal. LEXIS 140

Syllabus

<p>Practice on Appeal.—Unless the undertaking on attachment he referred to in, or he made a part of, the statement on appeal, it will not be regarded as a portion of the record by the appellate Court.</p> <p>Partners—Action between.—No action at law can be maintained, nor can an attachment be sued out, by one partner against another for any matter touching the partnership affairs.</p> <p>Partnership.—In consideration of the right granted him hy plaintiff, to make, use, and vend at Ms (the defendant’s) own expense, and on his own account, within the British Dominion, certain machines of which the plaintiff was the inventor, and to sell the right to others to make, use and vend the same, the defendant undertook and agreed to procure from the British authorities letters patent to the plaintiff for said machines, and to pay over, quarterly, to the plaintiff one half the proceeds of all sales made by Mm. Held—not a contract of partnership.</p> <p>Idem. —Actual intention is necessary to constitute a partnersMp inter se.</p> <p>Idem.—Where there is no community of interest in capital, stock, profit or loss, there is no partnership.</p> <p>Attachment—Practice.—There is no objection to the preparation of all the papers requisite, to the writ of attachment, before, or at the same time the complaint is prepared, so that the undertaking and affidavit he not filed in advance of the complaint, and the writ he not issued before the summons and the copy of complaint.</p> <p>Idem.—It is not necessary for the affidavit to state the probative facts requisite to establish the ultimate facts required by the statute to he shown as the basis of the writ.</p>