Ernsting

The judgment in this case is affirmed. This results from our firm belief that the plea of res judi cata interposed by the defendants must be sustained. The basis for this conclusion will now be briefly set forth:

This is a second appeal. On the former hearing the efficacy of the fourth amended complaint against general demurrer was under review and it was held that a cause of action against such an attack was stated (Ernsting et al. v. United Stages, Inc., 194 Cal. 171 [ 228 Pac. 4 ]). Litigation of various types has engaged the opposing parties hereto for several years. The present action was instituted on the third day of June, 1920. Rival claims to the ownership of and the right to operate under autostage franchises along certain public highways in Imperial and San Diego Counties constitute the subject of the litigation. To be more specific, the actual issue between the respective parties was originally this: Which set of them was in good faith on May 1, 1917, operating autostages over these routes to such an extent and in such a manner as to exempt them from the requirement of a certificate of public convenience and necessity under the “Auto Stage and Truck Transportation…