Arocena

This is an action to recover for services which plaintiff and his assignors—certain ranch hands—performed for a partnership of which defendant is the surviving member. Judgment passed for plaintiff on four of the assigned claims. Defendant appeals from that judgment and likewise from an order denying his motion for a nonsuit and from an order denying his motion for a new trial. As neither of these last-mentioned orders is appeal-able, the attempted appeals therefrom will be dismissed.

Defendant and one Leopold Alexander had been partners. The partnership", which had been engaged in farming a ranch in Imperial County, was dissolved by the death of Alexander on February 12, 1916. Plaintiff brought the action against defendant, the surviving member of the firm, pursuant to the rule that in actions upon claims against a partnership the surviving partner may be sued alone, without joining the executors or administrators of the deceased partner or alleging the presentation of any claim against his estate. (Corson v. Berson, 86 Cal. 433 [25 Pac. 7]; Friermuth v. Friermuth, 46 Cal. 42 ; West Coast L. Co. v. Apfield, 86 Cal. 335 [ 24 Pac. 993 ]; Minifie v. Rowley, 187 Cal. 481 [ 202 Pac.…