Artana v. San Jose Scavenger Co.
California Supreme Court
APPEAL from a judgment of the Superior Court of Santa Clara County. J. R. Welch, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtAngellotti, C. J.
This is an appeal from a judgment of dismissal given in favor of the San Jose Scavenger Company, a copartnership, upon sustaining a demurrer to a complaint.
The action was brought against the copartnership alone as a legal entity, under the provisions of section 388 of the Code of Civil Procedure, which provides that “when two or more persons, associated in any business, transact such business under a common name, whether it comprises the names of such persons' or not, the associates may be sued by such common name, the summons in such eases being served on one or more of the associates.”…
2Cases cited2 opinions
- People v. WrightCalifornia Court of Appeal · 1912
- John Bollman Co. v. S. Bachman & Co.California Court of Appeal · 1911
3Cited by12 opinions
- Jardine v. Superior CourtCalifornia Supreme Court · 1931
- Fazzi v. PetersCalifornia Supreme Court · 1968
- Gardiner v. Eclipse Grocery Co.Montana Supreme Court · 1925
- Craig v. San Fernando Furniture Co.California Court of Appeal · 1928
- Thompson v. Palmer CorporationCalifornia Court of Appeal · 1956
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