Garthwaite v. Bank of Tulare
California Supreme Court
APPEAL from a judgment of the Superior Court of Tulare County. Whelaiton A. Gray, Judge. The facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.
This is an appeal by plaintiffs from the judgment of the court below dismissing the action upon the ground of want of prosecution.
The appellants contend, among other things, that the court below erroneously admitted in evidence the judgment-roll in a former action entitled B. F. Smith, Plaintiff, v. Bank of Tulare, a Corporation, and Pacific Bank, a Corporation, Defendants, No. 2340; and this contention must be sustained. The latter action was commenced in the same court in which the case at bar is pending, on August 25, 1890; and its purpose was to recover possession of a certain…
2Cases cited1 opinion
- Storch v. McCainCalifornia Supreme Court · 1890
3Cited by3 opinions
- Garthwaite v. Bank of TulareCalifornia Supreme Court · 1901
- O. J. Lewis Mercantile Co. v. HarrisSupreme Court of Arkansas · 1911
- Inglehart v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1914