Legal Opinion

Leaver v. Smith

California Court of Appeal

Decided May 13, 1920No. Civ. No. 3307PublishedCited by 8 opinions

APPEAL from a judgment of the Superior Court of Los Angeles County. Fred H. Taft, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtJames, J.

In this action to quiet title plaintiff had judgment and defendant appeals. The complaint was in the usual form appropriate to the character of the action. In addition to a general denial, the defendant made a special plea in his answer by alleging a former judgment between the parties for the same cause. That portion of the answer is as follows: “That heretofore, to wit, on the- day of March, 1917, an action was commenced by the plaintiff in this court against each of these defendants, wherein it was alleged that the plaintiff was the owner of said property and wherein it was also alleged…

2Cases cited4 opinions

  1. Phelan v. GardnerCalifornia Supreme Court · 1872
  2. Robinson v. ThorntonCalifornia Supreme Court · 1893
  3. Pollard v. HarlowCalifornia Supreme Court · 1903
  4. Knight v. FairCalifornia Supreme Court · 1858

3Cited by8 opinions

  1. Hawkins v. CommissionerUnited States Board of Tax Appeals · 1936
  2. Huntington v. PerrinCalifornia Court of Appeal · 1923
  3. Allen v. McGeeCalifornia Court of Appeal · 1942
  4. Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1937
  5. State Ex Rel. Nash v. ReedIdaho Supreme Court · 1928

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