Terry v. Hammonds
California Supreme Court
Appear from the District Court, Fifth Judicial District, County of San Joaquin. This suit was commenced January 13th, 1871. The complaint alleged that in 1867 defendant Orpha was the wife of William Wilson, and was the owner of promissory notes given her by said William before her marriage with him, and employed plaintiff Carr to sue said William on the notes, and that he brought the action for her on the faith and credit of said separate estate and for the preservation…
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Appear from the District Court, Fifth Judicial District, County of San Joaquin. This suit was commenced January 13th, 1871. The complaint alleged that in 1867 defendant Orpha was the wife of William Wilson, and was the owner of promissory notes given her by said William before her marriage with him, and employed plaintiff Carr to sue said William on the notes, and that he brought the action for her on the faith and credit of said separate estate and for the preservation thereof, and recovered judgment for the full amount of the notes, which judgment was paid by the defendant William. That…
1Opinion of the Court
By the Court, Crockett, J.:
Whether a final judgment for the defendant, rendered on a demurrer to the complaint, can be pleaded in bar of a subsequent action between the same parties, depends upon the question: First, whether the demurrer went to the merits of the action; and second, whether the cause of action is the same. If either of these conditions be wanting, the judgment on. demurrer does not bar another action. In the case at bar the demurrer in the former action was on the ground that the complaint did not state facts sufficient to constitute a cause of action, and therefore went to…
2Cases cited5 opinions
- Yale v. . DedererNew York Court of Appeals · 1860
- Love v. WatkinsCalifornia Supreme Court · 1871
- Maclay v. LoveCalifornia Supreme Court · 1864
- Major v. SymmesIndiana Supreme Court · 1862
- Miller v. NewtonCalifornia Supreme Court · 1863
3Cited by20 opinions
- Goddard v. Security Title Insurance & Guarantee Co.California Supreme Court · 1939
- Newhall v. HatchCalifornia Supreme Court · 1901
- Terre Haute & Indianapolis Railroad v. State ex rel. KetchamIndiana Supreme Court · 1902
- City of Los Angeles v. MellusCalifornia Supreme Court · 1881
- Frye v. MileyWest Virginia Supreme Court · 1903
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