Forrester v. Lawler
California Court of Appeal
APPEAL from an order of the Superior Court of Los Angeles County denying a motion to dismiss an action. Walter Bordwell, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtAllen, P. J.
In an action brought by respondent as plaintiff against appellant as defendant she sought to recover judgment upon two certain promissory notes. The answer, in addition to pleading want of consideration, for a separate answer alleged that an action had theretofore been brought by plaintiff upon the same causes of action between the same parties, which action had been, by consent of the parties, dismissed by the court and judgment regularly entered therein, for costs. Defendant then, after such answer had been filed, moved the court for dismissal of the pending action, for the reason that the…
2Cases cited1 opinion
- Garthwaite v. Bank of TulareCalifornia Supreme Court · 1901
3Cited by2 opinions
- Parker v. OwenCalifornia Court of Appeal · 1948
- People v. ReedCalifornia Court of Appeal · 1934