Riverside Portland Cement Co. v. Anchor Laundry Co.

The plaintiff commenced an action against the defendant to compel it to transfer on its books certain shares of stock. The defendant appeared and answered the plaintiff’s complaint. Later M. E. Schaffer appeared as intervener and filed a pleading by him called a cross-complaint, in which he set forth a claim of title to the same stock and asked relief against the original plaintiff and original defendant accordingly. Schaffer’s pleading was answered by the original parties filing separate answers. A trial was had before the court sitting without a jury. The trial court entered an order of nonsuit against the plaintiff and no appeal has been taken from that order. The trial court made findings in favor of the original plaintiff and against the intervener, and ordered a judgment that the intervener take nothing and that the plaintiff and intervener each pay their own costs. From that judgment the intervener has appealed and has brought up a bill of exceptions.

Prior to the twenty-fifth day of July, 1919, the plaintiff had been attempting to collect certain promissory notes which were past due. Accordingly it had caused to be commenced an action in the superior court of the state of…