Lencioni

This is the second appeal in this action, the first being presented by appellant herein from a judgment of nonsuit entered against her upon her cross-complaint ( Lencioni v. Fidelity Trust Savings Bank, 69 Cal.App. 325 [ 231 P. 366 ]). On that appeal the judgment was reversed, with directions to the trial court to deny the motion for nonsuit and proceed with the trial of the case. A petition for rehearing in the supreme court was denied, and the trial of the case was proceeded with as directed by the appellate court in its order reversing the judgment of nonsuit. Defendant Fidelity Trust Savings Bank filed a pleading denominated "supplemental amended *Page 492 complaint," praying that the consignment creditors and the general creditors of the Setchel Fruit Company (the Setchel Fruit Company having gone into the hands of a receiver on October 3, 1921, and was adjudged bankrupt) might be made parties. Thereupon the consignment creditors intervened and filed a cross-complaint, and one of the general creditors, the Barrett-Hicks Company, on behalf of the general creditors, also filed an answer and cross-complaint against Minnie Helene Setchel. Appellant Minnie Helene Setchel,…

—Rehearing is denied. It is true the opinion quotes from the opinion on the former appeal in which the judgment for nonsuit was reversed and the cause remanded for trial to permit the defendant and cross-complainant bank to establish, if it could, the allegations regarding estoppel and to disprove the evidence offered in support of the claim of cross-complainant Minnie Helene Setchel. While the fact that the final trial was had before a different judge was not called to our attention, it will be noted that the opinion states: “The same facts summarized in the quotation from the opinion on the former appeal as given by Mrs. Setchel in her deposition were again testified to by her on the issues raised by reason of the appearance in the action of the interveners”; and, further, “we have not only considered the testimony set out on the briefs of appellant, respondent bank and the interveners and cross-complainants, but have read the entire record,” it follows, therefore, that the evidence adduced at the trial of the case originally, from which we have quoted, is not given the character res judicata.

*500 Petitions by respondents to have the cause heard in the supreme court, after…

This is the second appeal in this action, the first being presented by appellant herein from a judgment of nonsuit entered against her upon her cross-complaint (Lencioni v. Fidelity Trust & Savings Bank, 69 Cal. App. 325 [ 231 Pac. 366 ]). On that appeal the judgment was reversed, with directions to the trial court to deny the motion for nonsuit and proceed with the trial of the case. A petition for rehearing in the supreme court was denied, and the trial of the case was proceeded with as directed by the appellate court in its order reversing the judgment of nonsuit. Defendant Fidelity Trust & Savings Bank filed a pleading denominated “supplemental amended *492 complaint, ’ ’ praying that the consignment creditors and the general creditors of the Setchel Fruit Company (the Setchel Fruit Company having gone into the hands of a receiver on October 3, 1921, and was adjudged bankrupt) might be made parties. Thereupon the consignment creditors intervened and filed a cross-complaint, and one of the general creditors, the Barrett-Hicks Company, on behalf of the general creditors, also filed an answer and cross-complaint against Minnie Helene Setchel. Appellant Minnie Helene Setchel,…