Ballard v. Cox

This appeal involves two actions tried together without a jury and, by stipulation, consolidated upon appeal.

On or about March 9, 1937, respondents commenced an unlawful detainer action (cause No. 9506) against appellants and served a writ of restitution upon appellants requiring them to vacate and to deliver possession of the premises to respondents.

On or about March 15, 1937, appellants brought an action (cause No. 9513) against respondents to stay the above mentioned unlawful detainer action and to secure a temporary restraining order enjoining respondents from executing the writ of…