Gillis v. Cleveland

Gibson, C.

This action was brought to foreclose a street-assessment lien for the grading of Logan Avenue, in the city of San Diego.

The defendant, in his answer, put in issue some of the material allegations of the complaint, and as one of his affirmative defenses set up a former recovery in another action between the same parties. This plea in bar was, upon plaintiffs’ motion, stricken out; and upon the trial subsequently had before the court without a jury, judgment was rendered for the plaintiffs, from which the defendant appeals.

Appellant’s counsel maintain that the court erred in striking…