Primm v. Gray
PRIMM v. GRAY
- Area
- civil
- Panel
- Lawrence F. Terry (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Terry
Terry, C. J., delivered the opinion of the Court Field, J., and Baldwin, J., concurring.
The first and second assignments of error are not supported by the record.
The third is not well taken. To support a plea in abatement *523founded on the pendency of a prior action, it is necessary to show that process was issued in such action. (See Weaver v. Conger, 10 Cal.)
The fourth is not supported by the record. Upon the whole, it appears that the appeal was taken merely for delay, and the judgment is affirmed, with ten per cent, damages.