Kohler

This is an appeal from a judgment in the plaintiff’s favor against both of the defendants for the sum of $475.95, money claimed by the plaintiff to have been collected by the defendants while in her employ as drivers in connection with a steam laundry operated by her and unaccounted for and unpaid to her. The defendants appear and defend separately, and each, in addition to his denials of the averments of the plaintiff’s complaint, sets up as a separate defense that the plaintiff is not entitled to maintain the action, for the alleged reason that she was engaged in doing business under a fictitious name without having complied with provisions of sections 2466 and 2468 of the Civil Code. The defendant, Ivan Stephenson, also presented a cross-complaint alleging certain breaches of the agreement of employment on the plaintiff’s part. Upon the trial, the court held against the defendants upon their several defenses, and also against the defendant, Ivan Stephenson, upon his cross-complaint.

As to the special defense urged by the defendants upon the trial and insisted upon on the appeal, the facts are briefly these: The plaintiff is the owner of a steam laundry in the city of Fresno,…