Eistrat

This is an appeal from a minute order which granted the dismissal of the above entitled actions. Thereafter a judgment of dismissal was entered from which the appellant moved for a new trial, which was denied, and the appellant filed another notice of appeal from the judgment of dismissal.

When the matter came up for oral argument the appellant and respondents stipulated in open court that the entire matter be heard and treated as one appeal, instead of successive appeals.

Appellant filed complaints against both of the respondents in Los Angeles County on June 30, 1954 (which were subsequently transferred to Tulare County), alleging his ownership and possession of certain land in Tulare County and asking damages for the alleged conversion of logs taken therefrom and converted into lumber.

On May 22, 1959, respondents filed a second supplemental answer to these complaints stating that a judgment in No. 42418, Tulare County (Eistrat v. Humiston, 150 Cal.App.2d 391 [ 309 P.2d 925 ]), had now become final and the matter was now res judicata and these actions should be dismissed because the complaints cover the same timber and title thereto.

The appellant, who then had an attorney,…