Legal Opinion

Loftus v. Fischer

California Supreme Court

Decided September 1, 1896No. Sac. No. 6PublishedCited by 4 opinions

Appeal from a judgment of the Superior Court of Tuolumne County dismissing a complaint in intervention. G-. W. Nicol, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtHenshaw, J.

This is an appeal by Behlow from the judgment dismissing his complaint in intervention in the above-entitled action.

In the original complaint he, with others, appeared as a plaintiff. Upon appeal to this court it was held that defendant’s demurrer to the complaint for misjoinder of parties, and improper joinder of causes of action, was well taken. (Behlow v. Fischer, 102 Cal. 208.) Upon the return of the cause to the trial court an amended complaint was filed, which omitted Behlow and other parties as plaintiffs, leaving the action to be prosecuted solely in the name of Loftus and his wife.…

2Cases cited2 opinions

  1. Loftus v. FischerCalifornia Supreme Court · 1896
  2. Behlow v. FischerCalifornia Supreme Court · 1894

3Cited by4 opinions

  1. Chatten v. MartellCalifornia Court of Appeal · 1958
  2. Jensen v. Home Depot, Inc., California Court of Appeal, 5th District2018
  3. Jensen v. The Home Depot, Inc.California Court of Appeal · 2018
  4. Loftus v. FischerCalifornia Supreme Court · 1897

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