City of Los Angeles v. Mellus
California Supreme Court
Appeal from a judgment for the defendant, and from an order denying a new trial, in the Seventeenth District Court County of Los Angeles. Sepulveda, J. This was an action against the defendant Mellus, as treasurer of the City of Los Angeles, and his sureties, to recover the sum of twenty-three thousand and eighty-three dollars and forty-seven cents, city money, alleged to be in his hands. The complaint, under the provisions of § 963, Pol.
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Appeal from a judgment for the defendant, and from an order denying a new trial, in the Seventeenth District Court County of Los Angeles. Sepulveda, J. This was an action against the defendant Mellus, as treasurer of the City of Los Angeles, and his sureties, to recover the sum of twenty-three thousand and eighty-three dollars and forty-seven cents, city money, alleged to be in his hands. The complaint, under the provisions of § 963, Pol. Code, contained the following suggestion: “ The plaintiff suggests the following defects in the bond hereinbefore set forth, that is to say: 1. That the…
1Opinion of the Court
The Court:
The defendant Thom in his answer plqaded that theretofore,' to wit, on the 11th of. May, 1877, in an action brought in the same Court by the plaintiff against the same defendants, for the same cause of action, judgment was duly rendered and entered on the merits against plaintiff and in favor of defendant Thom, which judgment on appeal was affirmed, and remains in full force. The Court below in this action found that on the 17th of May, 1876, the plaintiff commenced an action in said Court against the defendants for the same cause of action as stated in the complaint in this action;…
2Cited by6 opinions
- City of Los Angeles v. MellusCalifornia Supreme Court · 1881
- Frye v. MileyWest Virginia Supreme Court · 1903
- Hardy v. HardyCalifornia Supreme Court · 1893
- Erganian v. BrightmanCalifornia Court of Appeal · 1936
- Gould v. SotoArizona Supreme Court · 1913
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