Fisk v. Atkinson
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The facts are stated in the -opinions.
1Opinion of the Court
Foote, C.
We adhere to the opinion formerly expressed by us in this cause, which was approved by Department Two of this court.
*453In the action instituted in San Mateo County, the pendency of which was pleaded in abatement of the present suit, a demurrer was sustained to the complaint, and the plaintiff declining to amend his pleading, judgment passed for the defendants. From that judgment an appeal was taken by the plaintiff, pending which the present suit for the same cause of action, between the same parties, was brought in the city and county of San Francisco.
The plaintiff had an opportunity…
2Cited by3 opinions
- Collins v. RamishCalifornia Supreme Court · 1920
- Wetzstein v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1903
- Westervelt v. JonesCourt of Appeals of Kansas · 1898