Times-Mirror Co. v. Superior Court

Petitioner herein seeks to have reviewed a judgment of the superior court rendered in an action on appeal from a judgment of the justice’s court of Los Angeles township. It appears that W. S. Booher and Ella B. Booher brought an action against the petitioner in said justice’s court to recover damages in the sum of $299.99, alleged to have been suffered by reason of a wrongful levy, under process of attachment, upon personal property belonging to them. In its answer to the complaint of the plaintiffs therein, petitioner interposed the defense that there was then pending another action for the same cause between the same parties. In the justice’s court judgment was awarded the plaintiffs, and petitioner, being the defendant in that action, appealed to the superior court. The superior court in due time proceeded to retry the action on appeal, and again judgment was rendered against petitioner. At the commencement of the trial in the superior court petitioner first offered evidence in support of its plea in abatement, or as phrased in the language of its answer, “that there was another action pending between the same parties for the same cause,” and then made a motion that the action…