Reading v. Mullen
California Supreme Court
Appeal from the District Court, Ninth Judicial District, Shasta County. Suit on four promissory notes for one thousand two hundred and nineteen dollars and sixty-five cents each, given October 13th, 1860, and to foreclose a mortgage given,to secure the notes.
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Appeal from the District Court, Ninth Judicial District, Shasta County. Suit on four promissory notes for one thousand two hundred and nineteen dollars and sixty-five cents each, given October 13th, 1860, and to foreclose a mortgage given,to secure the notes. Plaintiff averred in his complaint that June 28th, 1853, the defendant was a married woman and resided in Shasta County, and on that day made and acknowledged before a Justice of the Peace her declaration as sole trader, and that the same was recorded and published for four weeks, as required by the Act of 1852, and that on the 13th day…
1Opinion of the Court
Opinion by Shafter, J.:
The Act of 1852 relating to sole traders does not require that the declaration provided for therein should be in writing, signed by the declarant; but simply that the declaration shall be “ made ” before a Notary Public or other person authorized to take the acknowledgments of deeds. In the absence of all statute direction as to mode and manner, it follows that the declaration may be made to the officer either orally or in writing. If in writing, it is not made necessary that the instrument should be acknowledged in the way required by the Act relating to the rights of…
2Cases cited1 opinion
- Macy v. GoodwinCalifornia Supreme Court · 1856
3Cited by2 opinions
- Shed v. BlakelyMontana Supreme Court · 1886
- Bernard v. HeynemannCalifornia Supreme Court · 1883