Taliaferro v. Davis

The basic action is one by the state against Taliaferro for recovery of rents allegedly collected by him upon land deeded to the state for default in payment of taxes. Among other cross-complaints, defendant filed two against his former wife, now Dorothy Davis, and her attorney. These were stricken upon motion, and defendant appeals.

A cross-complaint is permitted only when it seeks relief “relating to or depending upon the contract, transaction, matter, happening or accident upon which the action is brought or affecting the property to which the action relates” (Code Civ. Proc., §442).

Giving…