PACIFIC ELECTRIC RY. CO. v. DEWEY

Docket 17284.

95 Cal.App.2d 69 (1949)

212 P.2d 255

PACIFIC ELECTRIC RAILWAY COMPANY (a Corporation), Appellant, v. HAROLD A. DEWEY, Respondent.

Court of Appeals of California, Second District, Division Two.

December 13, 1949.


Attorney(s) appearing for the Case

C.W. Cornell, O.O. Collins and John R. Allport for Appellant.

Reuel L. Olson and Charles R. Martin for Respondent.


WILSON, J.

[1a] The sole question for decision is whether a defendant in a personal injury case may maintain an independent action for declaratory relief pursuant to section 10601 of the Code of Civil Procedure to determine the right of the plaintiff in the first action to prosecute it to judgment.

Plaintiff appeals from the judgment entered against it following the sustaining of a demurrer to a complaint for declaratory...

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