Legal Opinion
Datta v. Staab
California Court of Appeal
Decided September 14, 1959No. Civ. 18370PublishedCited by 47 opinions
1Opinion of the Court
WAGLER, J. pro tem. *
In this action a jury returned a verdict in favor of plaintiff in the sum of $7,500. From a judgment in favor of defendants, notwithstanding said verdict, plaintiff has appealed. The appeal comes before us upon a clerk’s transcript.
The sole question involved is the applicability of section 439 of the Code of Civil Procedure to the circumstances disclosed by the record. This section reads as follows: “If the defendant omits to set up a counterclaim upon a cause arising out of the transaction set forth in the complaint as the foundation of the plaintiff’s claim, neither he…
2Cases cited28 opinions
- Worcester County Trust Co. v. RileySupreme Court of the United States · 1937
- Todhunter v. SmithCalifornia Supreme Court · 1934
- Goddard v. Security Title Insurance & Guarantee Co.California Supreme Court · 1939
- McDougald v. HuletCalifornia Supreme Court · 1901
- Harrington v. Superior CourtCalifornia Supreme Court · 1924
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3Cited by47 opinions
- Moradi-Shalal v. Fireman's Fund Ins. CompaniesCalifornia Supreme Court · 1988
- Nano Maldonado v. Tony Harris, in His Capacity as Acting Director of the California Department of TransportationCourt of Appeals for the Ninth Circuit · 2004
- Saunders v. New Capital for Small Businesses, Inc.California Court of Appeal · 1964
- Rice v. CrowCalifornia Court of Appeal · 2000
- Torrey Pines Bank v. Superior CourtCalifornia Court of Appeal · 1989
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