Conlin

The plaintiff recovered a judgment in the court below in the sum of $497.70 against the defendant upon an open book account, the plaintiff being the assignee of the “Alies Printing Company” and the defendant appeals therefrom.

The first contention of appellant is that there is no finding that any certificate of fictitious name was ever published as required by sections 2466 and 2468 of the Civil Code, by the “Alies Printing Company,” respondent’s assignor, and no proof of compliance with those sections. The court did find as follows: “That at all times herein mentioned, Fred L. Alies was doing business under the registered fictitious name of Alies Printing Company.” The answer not only denies the allegation of the complaint to which the finding is in form responsive, but also “alleges that the Alies Printing Company is a concern doing business under a fictitious name and that they have not complied with the statutes made and provided for in such cases.” There is no finding upon this allegation, in so far as the statute relates to publication—conceding without deciding that the finding that the fictitious name was registered was equal to a finding that it was filed, as required by…