Pyle v. Piercy

Citations

• 122 Cal. 383
• 55 P. 141
• 1898 Cal. LEXIS 593

Syllabus

<p>Judgment of Dismissal—N onappear ance of Plaintiff at Trial—Res Adjudícala.—A judgment of dismissal of an action for want of prosecution for nonappearance of the plaintiff at the time set for trial is not an adjudication of the cause upon its merits, and is not a bar to another action for the same cause.</p> <p>Id.—Plea in Abatement—Prior Action Pending.—The judgment of dismissal not having the elements to constitute a bar to another action, it has not the elements to support a plea in abatement thereto; and the fact that the time for appeal from the judgment of dismissal had not expired when the second action was commenced is not ground for a plea in abatement of the second action, upon the ground that the prior action was still pending.</p> <p>Action for Breach of Promise of Marriage—Statute of Limitations. An action for a breach of promise of marriage is not barred by the statute pf limitations upon the ground that promises of marriage had been made more than two years before the commencement of the action, if a new and independent promise of marriage was made within that period, which the defendant refused to perform.</p> <p>Id.—Evin -nce—Cross-examination op Dependant—Character op Detective Employed.—It is prejudicial error to question the defendant on cross-examination as to the character of a detective employed by him, who was not called as a witness in the case.</p> <p>Id.—Impeachment op Witness.—A witness cannot be impeached on cross-examination by proof that the witness had been living with her husband before marriage, and cannot be questioned relative thereto on cross-examination, if no testimony was given in chief hearing on that subject.</p>