Story

Story v. Story & Isham Commercial Co.

Good Law
100 Cal. 41·1893 Cal. LEXIS 745·34 P. 675
Supreme Court of CaliforniaOctober 10, 1893No. 19077California359 words

Opinion

lead Opinion

This action is closely connected with the action of Story & Isham Commercial Company v. *42 Story et al., No. 19015, ante, p. 30, and was argued and submitted to the court at the same time. After the former action had been brought against the present plaintiff, she commenced the present action for the purpose, among others, of restraining the defendants from interfering with the property conveyed to her by the agreement, of which a copy is set forth in the opinion in that case, and to have the demands and dioses in action that had been assigned to her thereby sold or collected under the direction of the court, and applied in payment of the indebtedness of the corporation to herself. The two actions were pending in different departments of the Superior Court in the county of San Diego, and the action in which the present appellant was defendant was tried first, and judgment therein rendered against her December 10, 1891. Thereafter the corporation defendant filed a supplemental answer herein, pleading the judgment in the other action as a bar to the plaintiff’s right of recovery, and, upon the submission of the cause, December 23, 1891, the couit made its finding to that effect,…

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