Andrews

This action to foreclose a mechanic’s lien terminated in the court below with the entry of a judgment of dismissal, from which the plaintiffs have appealed. Defendant Glick in her answer admits those allegations of the complaint wherein it is set forth that the plaintiffs Harry W. Andrews and Frank Cordano have been transacting business as copartners under the name of “Andrews-Cordano Plumbing Company.” However, by way of affirmative defense it is averred that said partnership had failed to file and publish the certificate required by section 2466 of the Civil Code. The interposition of this defense, coupled with a motion to dismiss for the same reason, resulted in the entry of the judgment appealed from.

Plaintiff’s contention that the trial court could not, in advance of the introduction of evidence, pass upon the question of lav/ thus presented is wholly without merit. The introduction of evidence would not, in any manner, assist in the solution of the problem, for the proposition of law was definitely shaped by the pleadings. The object of section 2466, supra, is that public notice shall be given and a public record made of the individual members of partnerships with such…