People v. Skidmore

Citations

• 27 Cal. 287

Syllabus

<p>Former Jcdgmestt as a Bar.—If the defendants demur to the complaint for mis A joinder of parties defendant, as well as for other reasons, and at the same timo answer, and the parties stipulate to submit the issues of law and fact to the Court upon the pleadings, and a general judgment is rendered for the defendants, it is a bar to another suit for the same cause of action, although the real ground upon which the judgment was based was the misjoinder of parties defendant. Expression of Opinion on a Point not before the Court.—If a judgment is rendered generally for the defendants upon issues of both law and fact, and the Supreme Court upon appeal affirm the judgment, a statement in the opinion that the judgment was affirmed because there was a misjoinder of parties defendant, and that the effect of the judgment will not preclude the plaintiff from suing again, does not prevent the judgment from being a bar to a new suit brought for the same cause of action.</p> <p>Judgment rendered on Demurrer as a Bar. — If the defendants demur and answer at the same time, and issues of law and fact are submitted to the Court, and an order is made sustaining the demurrer by reason of a misjoinder of parties defendant, and judgment is rendered for the defendants upon the order, the judgment will not bar a new action. r</p>