Peterson v. Weissbein

Citations

• 70 Cal. 423
• 12 P. 415
• 1886 Cal. LEXIS 805

Syllabus

<p>Ejectment—Vexatious Action—Cbo'ss-complaint—Injunction against Prosecution of Action. — The action was brought to recover the possession of certain land. The answer denied the allegations of the complaint, and pleaded in bar of the action certain judgments rendered in other actions, which were alleged to have determined adversely to the plaintiff the title to the land in controversy. The defendants also filed a cross-complaint for an injunction restraining the plaintiff from asserting any title to the land, on the ground that his action was vexatious. During the pendency of the action, the defendants, upon affidavits and the judgment rolls in the actions pleaded in bar, moved for an order perpetually enjoining the plaintiff from further prosecuting the action. The court granted the motion. Held, that the order was erroneous.</p>