Knouse v. Nimocks

The above-entitled actions were consolidated and heard together in the superior court, and also in the District Court of Appeal, one opinion having been rendered in the decision of all three cases, as will more fully appear hereinafter. They were transferred to this court for the reason that the record in one of said cases showed that Judge Roth, who wrote the opinion in the District Court of Appeal, had previously ruled upon a demurrer filed in said action when the same was pending in the superior court. Section 170a of the Code of Civil Procedure, provides that a justice or judge before…