Coubrough v. Adams

Citations

• 70 Cal. 374
• 11 P. 634
• 1886 Cal. LEXIS 795

Syllabus

<p>Pleading—Stipulation to Aside Prior Action—Evidence—Plea in Bar.—In an action on a promissory note, where the answer pleads a prior judgment in favor of the defendant in bar, a stipulation signed by the parties and filed in the case, wherein the plaintiff admits that the indebtedness in controversy was involved in the prior action, and agrees that the subsequent action shall be determined by the prior one, is admissible in support of the plea in bar without being specially pleaded.</p> <p>Id.—Amendment to Answer—Pendency of Prior Action—Discretion. — Permitting the defendant at the close of the trial to amend his answer by setting up the pendency of another action involving the same cause of action, held, not an abuse of discretion under the circumstances of the case.</p> <p>Id. — Prior Action for Accounting—Subsequent Action on Certain Items. — The pendency of an action for an accounting may be pleaded in abatement of a subsequent action between the same parties founded on one or more items involved in the prior action.</p> <p>Id. — Sustaining Plea—Proper Judgment—Abatement.—Where a plea of the pendency of a former action is sustained, the proper judgment to he entered is one abating the subsequent action, and not a judgment that the plaintiff take nothing thereby.</p>