45 P. 260 | Cal. | 1896
This appeal is from a judgment in favor of the plaintiff against E. Righetti, one of the defendants, upon the judgment-roll. The only question upon this appeal is whether in an action against two as partners, upon an alleged partnership liability, a recovery may be had against one of the defendants; the court finding that the defendants were not partners, but that appellant is individually liable for the indebtedness alleged in the complaint, and for which judgment was entered against appellant, E. Righetti, alone.
At common law, in an action against two or more defendants upon an alleged joint, contract or liability, the judgment was required to be against all the defendants, or in favor of all. But this rule was changed by section 145 of the practice act, which was afterward adopted in haee verba as section 578 of the Code of Civil Procedure. That section reads as follows: “Judgment may be given for or against one or
We concur: Britt, C.; Belcher, C.
For the reasons given in the foregoing opinion, the judgment appealed from is affirmed.