Joos

St. Clair v. Joos

Good Law
1928 Cal. App. LEXIS 52·90 Cal. App. 311·265 P. 968
Court of Appeal of CaliforniaMarch 21, 1928Docket No. 4691.California1,922 words

Opinion

Lead Opinion

Works, J.

Plaintiff commenced two actions against defendant. The first is an action of unlawful detainer and was numbered 111662 in the files of the trial court. The second is an action to quiet title and was numbered 111663 there. Under stipulation the two were tried together, the evidence applicable to each being segregated in the mind of the trial judge for the purposes of decision, and separate judgments were necessarily pronounced. Separate notices of appeal, of course, were filed. There is before us, however, but one bill of exceptions, covering both cases, and there was filed but one transcript on appeal with a single title, presenting the record in both. The two cases pend in this court, therefore, under but one number. These matters are mentioned for the sake of clarity, as we must pronounce two distinct judgments in a litigation which appears from our files to be presented by a single action. To make our judgments intelligible they must refer, respectively, to the appropriate trial court numbers.

Defendant appeals from judgments rendered against her in both actions.

We shall consider first the second action commenced, the action to quiet title, trial court number 111663.

The…

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