Leake

In each of these cases the complaint alleged that Thomas W. Prior, Thornton Kinney, Chauncey Pettis, J. R. Pones, P. A. Church, W. A. Rennie, Byron Palmer, and Charles W. Shaw did associate themselves under the fictitious name of Venice Road Race Association, for the purpose of promoting and conducting an automobile road race over the highways in the city of Venice; and that in preparing. the highways and roads for said race and in the conduct of the same, plaintiffs and their assignors, at the special instance and request of defendants, with whom the city of Venice was joined as defendant, did certain described work and labor and, in connection with and for the use of said defendants, furnished certain materials.

In each ease judgment went for the plaintiff, from which said defendants, other than the city of Venice, have appealed.

There appears to be no controversy as to the amounts for which the judgments were rendered; [1] the sole contention of appellants in each case as we understand their counsel, being that the evidence was insufficient to justify the finding of the court to the effect that said defendants above named did form a voluntary association under the fictitious…