James v. Center
Cases that cite this one
11 later published cases cite this decision.
- Harth v. Ten Eyck (Cal. 1941)
- Harth v. Ten Eyck (Cal. 1939)
- Colby v. Pierce (Cal. Ct. App. 1936)
- Robinson v. Southland Produce Co. (Cal. Ct. App. 1929)
- Young Mines Co. v. Blackburn (Ariz. 1921)
- Boyd v. Steele (Idaho 1899)
- John Wigmore v. Buell (Cal. 1897)
- Page v. Superior Court (Cal. 1888)
- Carpenter v. Hewel (Cal. 1885)
- Leavitt v. Peabody (N.H. 1882)
- McLeran v. McNamara (Cal. 1880)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The judgment of dismissal in form, entered by the Clerk, was properly entered, inasmuch as no counter-claim had been made. (C. C. P. 581.)
The matters set forth in the cross-bills, so called, did not constitute a counter-claim, because not arising out of the transaction set forth in the complaint, and not connected with the subject of the action. (C. C. P. sec. 438, subd. 1.)
The order appealed from was an order made after judgment, and therefore the subject of appeal.
The order setting aside the judgment was erroneous, because the plaintiff had the right to dismiss the action in the absence of a counter-claim.
, Order reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.