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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Maxfield v. Burtt, 121 Cal. App. 2d 102 (1953)

Citation
Maxfield v. Burtt, 121 Cal. App. 2d 102 (1953)
Parent Document
Maxfield v. Burtt, 121 Cal. App. 2d 102 (1953)
Jurisdiction
California (state)
Effective Date
1953-11-04

Other Sections in This Document (78)

Full Text

806 chars
As hereinbefore stated, on March 13, 1943, the Baker Divide Mining Company commenced an action against appellant in which it sought to eject appellant from the mining property of the corporation. Appellant in that action sought by way of cross-complaint to bring in the present respondents so that his rights under the option agreement could be determined, but the court granted a motion to strike out said cross-complaint on the grounds that - the present respondents were not essential parties in determining the issue of possession and that the only issue in the former action was the right to possession of the real property as between the corporation and appellant. Appellant argues that respondents cannot,- therefore, properly contend that the issues presented here have been adjudicated previously.