Davis

Action on a promissory note payable to A. Davis and Son, or order, hy whom it was alleged to have been assigned to the plaintiff. The note is set out in the complaint.

The complaint not being verified, the unverified answer of the defendant denies generally each and every allegation of the complaint; and for a further answer alleges that A. Davis and Son “has never complied with the provisions of sections 2466 and 2468 of the Civil Code of this state,” and “that Joseph Davis, the *127 plaintiff above named, is the sole member of the said firm of A. Davis and Son.”

The plaintiff had judgment, from which the defendant brings this appeal on the judgment roll, without a bill of exceptions.

The judgment is preceded by the following recitals: “ This cause came on regularly for trial this day before the court sitting without a jury, M. J. McGrath appearing as counsel for the plaintiff, and the defendant appearing in person. The cause was tried upon the papers and records on file herein, together with the statements made by the respective parties. There being no evidence offered, the cause was thereupon submitted to the court for consideration and decision, and now, the court having…