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SMITH v. SMITH

Docket No. 20851.

220 Cal.App.2d 30 (1963)

33 Cal. Rptr. 559

FLOYD V. SMITH et al., Plaintiffs and Respondents, v. CLINTON E. SMITH, Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

September 10, 1963.

Attorney(s) appearing for the Case

Bohnett, Hill & Bohnett, Bohnett, Hill, Bohnett, Smeed & Collins and L.D. Bohnett for Defendant and Appellant.

Tinning & DeLap and Robert Eshleman for Plaintiffs and Respondents.

SALSMAN, J.

This is an appeal from a judgment dismissing appellant's cross-complaint after the trial court sustained respondents' demurrer without leave to amend. The order sustaining the demurrer was made on the sole ground of res judicata.

In order to understand respondents' plea of res judicata and the reason for the trial court's judgment it is necessary to notice some of the prior proceedings in the estate...

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