Mason v. Woodland Sav. & Loan Ass'n

Defendant’s demurrer to the complaint was sustained without leave to amend; the plaintiff filed a notice of appeal; the trial court ordered the action dismissed; we find that the demurrer was properly sustained and are affirming the judgment.

Some time ago the plaintiff commenced action, numbered 866583, against the defendant on the same oral contract that he made the basis of this action. A general demurrer to it was sustained and an amended complaint was filed. An answer was filed to this last mentioned pleading, then the defendant made a motion for a judgment on the pleadings. The trial court interpreted the motion as a belated demurrer to the amended complaint, and made an order sustaining that demurrer. Fearing that the procedure followed would lead to difficulties, plaintiff dismissed his action, without prejudice, and then filed a new action, numbered 873782, based upon the same oral contract that he had used as a base for his former complaints.

A general demurrer was filed to this complaint in the new action. The trial court, January 24, 1966, ordered the new action consolidated with the action already dismissed and sustained the demurrer to the new complaint, without…