Herman

This was an action upon two promissory notes alleged to have been made by the firm of O. M. Paris & Co., which was composed of the defendant Paris and one Hutchinson. The court below gave judgment against both defendants for the amount of one of the notes only, and the defendant Paris appeals from this judgment, and from an order denying a new trial.

It is contended that the court erred in refusing to order the sheriff to amend his return to a writ of attachment, which had been issued in the case, so as to show certain facts in relation to the service of the attachment papers. But the attachment papers in no way affected the validity of the judgment or order denying a new trial, and the questions in relation to them cannot be considered on the appeals taken. (Allender v. Fritts, 24 Cal. 447 .) It is next contended that the evidence shows that. *626 the partner who signed the note had no authority to give a note in the name of O. M. Paris & Co. The facts in relation to this point are, that some time prior to the formation of the said firm, the defendant Hutchinson was doing business for himself under the style of T. R. Hutchinson & Co., and was indebted to W. & J. Stein-hart & Co.…