McLean

This action was brought by S. McLean and C. W. Evans, partners, doing business under the *647 name and style of McLean & Evans, for services, as physicians, rendered defendant’s intestate during his last illness. The estate is said to be insolvent, and the answer denies that any such services were rendered the deceased during his last illness; that such services were worth more than $150 dollars; and that the plaintiffs had made, acknowledged, or published the certificate of copartnership and notice as required by section 2466 of the Civil Code.

As the surnames of both partners appear in the firm, name, and no part of the name is fictitious, the case seems entirely covered by the recent case of Pendleton v. Cline, 85 Cal. 142 .

Whether the services were rendered during the last illness, or not, was an immaterial issue in the case. Generally, it is an easy thing to determine, the claim being recognized as a debt against the estate, whether it is or is not a preferred claim under section 1646 of the Code of Civil Procedure. In case of doubt, the administrator may refuse to pay until required by an order of the court. At last the assets must be marshaled, and the order of payment…