Thompson v. Lyon

Citations

• 14 Cal. 39
• 1859 Cal. LEXIS 234

Syllabus

<p>Ah Appellant cannot complain of error, when the record shows it was not to his prejudice.</p> <p>Where, on plea in abatement to the entire action, that another suit, for the same cause of action, was pending at the time of suit brought, the proof shows that the first suit is only for part of the same matter sued for in the second suit, the pica fails.</p> <p>Such jileas are not favored, and the party pleading must prove his plea as put.</p> <p>It seems, if a man sues for rent for January and February, he is not to be denied a right of recovery for either month, simply because he had before sued for rent due in January, which suit was still pending.</p>