Power v. Onward Construction Co.

This is a demurrer to a complaint upon the ground stated in subdivision 4 of section 488 of the Code of Civil Procedure, that “ it appears upon the face of the complaint that there is another action pending between the same parties, for the same cause.” The complaint, after .setting forth that the plaintiff performed certain work and furnished certain material for a building for the defendant, The Onward Construction Company, sets forth the value thereof and the amount remaining due thereon and then alleges the filing of a lien and the bonding thereof, all pursuant to the statutes of this…