State Industries, Inc. v. Capitol Metals Co.

State Industries, Inc. (hereinafter referred to as “State”) appeals from an order granting a new trial in an action for conversion after the case was tried by the court sitting without a jury. Judgment in favor of State was entered April 4, 1963. Subsequently, by the minute order entered May 8, 1963, the motion of Capitol Metals Co., Inc. (hereinafter referred to as “Capitol”) for a new trial was “granted on the grounds of insufficiency of the evidence and error of law. ’ ’

The chronology of events is as follows:

On July 7, 1958, State filed a complaint for moneys due naming S. C. Redman (hereinafter referred to as “Red-man”) and “Doe I to Doe V inclusive” as defendants. The first cause of action was cast in the form of a common count of moneys had and received. The second cause of action was for conversion of certain steel.

On April 11, 1960, State filed an amendment to complaint (under Code Civ. Proe., § 474), naming Capitol as a defendant in the place and stead of Doe I.

*652 Redman filed Ms answer on April 25, I960. Capitol filed its

answer the same date.

The pretrial conference order was filed January 4, 1963. The issues were set forth therein 1 and a joint pretrial…