Thompson v. Spray

California Supreme Court

Thompson v. Spray

5 P. 506, 2 Cal. Unrep. 434

CourtCalifornia Supreme Court

DecidedJanuary 14, 1885

DocketNo. 9496

StatusPublished

This text of 5 P. 506 (Thompson v. Spray) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Thompson v. Spray, 5 P. 506, 2 Cal. Unrep. 434 (Cal. 1885).

Pincite

Opinion

ROSS, J.

The cross-complaint having been stricken from the answer of the defendant, the latter pleading was left with matters of defense only. The plaintiffs were therefore at liberty to dismiss the action at any time before trial, upon payment of costs: Code Civ. Proc., sec. 581. This they did, the dismissal having been entered by the clerk. The purported trial of the 5th of November, 1883, was therefore of an action which had been previously dismissed. Order re[435]*435versed, and cause remanded, with directions to the court below to set aside the judgment.

We concur: McKee, J.; Myrick, J.; McKinstry, J.; Morrison, C. J.; Sharpstein, J.

Free access — add to your briefcase to read the full text and ask questions with AI

ROSS, J.

The cross-complaint having been stricken from the answer of the defendant, the latter pleading was left with matters of defense only. The plaintiffs were therefore at liberty to dismiss the action at any time before trial, upon payment of costs: Code Civ. Proc., sec. 581. This they did, the dismissal having been entered by the clerk. The purported trial of the 5th of November, 1883, was therefore of an action which had been previously dismissed. Order re[435]*435versed, and cause remanded, with directions to the court below to set aside the judgment.

We concur: McKee, J.; Myrick, J.; McKinstry, J.; Morrison, C. J.; Sharpstein, J.

Cite This Page — Counsel Stack

Bluebook (online)

5 P. 506, 2 Cal. Unrep. 434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-spray-cal-1885.