Daly v. White

The superior court denied an application by defendant and appellant White for a preliminary injunction to restrain plaintiff and respondent Daly from prosecuting this action. Defendant appealed.

Question Presented

Can the plaintiff in an action second filed but first served enjoin the plaintiff in an action first filed but second served from prosecuting that action, where both actions are between the same parties, arise out of the same transaction, and are filed in the same county ?

Facts

On July 11, 1948, appellant and respondent were operating automobiles which collided with each other. On June…