Collins v. Ramish
California Supreme Court
[8] Id.—Pendency of Appeal—Fending of Abandonment of Former Action Unsupported by Evidence.—In view of section 1049 of the Code of Civil Procedure, which provides that an action is deemed to be pending from the time of its commencement until its final determination upon appeal, or until the time for, appeal has passed, unless the judgment is sooner satisfied, a finding that a former action had been abandoned and was not pending in abatement is erroneous where a judgment of…
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[8] Id.—Pendency of Appeal—Fending of Abandonment of Former Action Unsupported by Evidence.—In view of section 1049 of the Code of Civil Procedure, which provides that an action is deemed to be pending from the time of its commencement until its final determination upon appeal, or until the time for, appeal has passed, unless the judgment is sooner satisfied, a finding that a former action had been abandoned and was not pending in abatement is erroneous where a judgment of nonsuit was entered therein, the plaintiff appealed, and such appeal had not been decided or dismissed, notwithstanding…
1Opinion of the CourtAngellotti, C. J.
—This action was brought by plaintiff, a contractor, to recover certain money alleged to be due from defendant on account of certain marble and tile work done in a theater building in Los Angeles belonging to defendant, which was then being constructed for said owner. The complaint was in three counts, of which it is necessary to consider only one, the second, that being the count on which the action was tried and determined. The action was tried by the court without a jury and judgment was given for plaintiff in the aggregate sum ■ of $1,830, with interest. This is an appeal by defendant…
2Cases cited26 opinions
- McDougald v. HuletCalifornia Supreme Court · 1901
- Connell v. HigginsCalifornia Supreme Court · 1915
- Knarston v. Manhattan Life InsuranceCalifornia Supreme Court · 1903
- American-Hawaiian Engineering & Construction Co. v. ButlerCalifornia Supreme Court · 1913
- In Re Estate of BumpCalifornia Supreme Court · 1907
21 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Sullivan v. Delta Air Lines, Inc.California Supreme Court · 1997
- County of San Diego v. StateCalifornia Supreme Court · 1997
- Colvig v. RKO General, Inc.California Court of Appeal · 1965
- Datta v. StaabCalifornia Court of Appeal · 1959
- Stearns v. Los Angeles City School DistrictCalifornia Court of Appeal · 1966
29 more not listed; retrieve them via the Exa API.