State v. California Packing Corporation

I concur in the holding that the dismissal of this action by the trial court was without prejudice, but reach that conclusion on a different basis than does my associate.

The only question presented by plaintiff’s petition for rehearing has to do with the form of the order made by this court. After the District Court sustained the demurrer to plaintiff’s amended complaint, and plaintiff refused to amend or further plead, the District Court dismissed the action with prejudice. In the opinion rendered by this court on appeal, 141 P. 2d 386, we held that the demurrer was properly sustained and…