Hampton v. Superior Court

I dissent.

Construed as the majority now interpret and apply our order, I think that we erred against a basic policy of law in Young v. Hampton (1951), 36 Cal.2d 799, 806 [228 P.2d 1], We erred not in reversing the judgment there appealed from but in directing the trial court to enter a different judgment as specified, and thereby, now rule the majority, foreclosing the parties from litigating new issues, issues which had never been tendered or joined, let alone adjudicated.

I would not so construe our order. It can be given full effect and still permit the joining and determination of the…