ALICE SAUNDERS APPELLANT v. THE HIBERNIA SAVINGS LOAN SOCIETY CORPORATION ET AL RESPONDENTS

Reset A A Font size: Print

District Court of Appeal, First District, Division 2, California.

ALICE G. SAUNDERS, APPELLANT, v. THE HIBERNIA SAVINGS & LOAN SOCIETY (A CORPORATION) ET AL., RESPONDENTS.

JULIA L. HAYES ET AL., APPELLANTS, v. THE HIBERNIA SAVINGS & LOAN SOCIETY (A CORPORATION) ET AL., RESPONDENTS.

VIRGINIA MCARAN ORDWAY, APPELLANT, v. THE HIBERNIA SAVINGS & LOAN SOCIETY (A CORPORATION) ET AL., RESPONDENTS.

Civ. 11588, 11589, 11591.

Decided: July 23, 1942

M. Mitchell Bourquin, Keyes & Erskine, George Olshausen, Rosenshine, Hoffman, Davis & Martin, and Heller, Ehrman, White & McAuliffe, all of San Francisco, and Ross & Ross, of Redwood City, for appellants. Garret W. McEnerney and Tobin & Tobin, all of San Francisco, for respondents.

These three appeals are companion appeals to the appeals in Maguire v. Hibernia Savings & Loan Society et al., 128 P.2d 149 and related cases, which last–mentioned appeals have been considered in an opinion this day filed.

Plaintiffs' opening brief on these three appeals states: “The allegations of both the first and second counts are the same as the allegations in the Maguire–Edwards–Crilly–Crowley group. They differ only in the allegations as to deraignment of plaintiffs' title and the amounts of their deposits. Consequently the question whether each count states a cause of action is governed by the law set forth in the Maguire–Edwards–Crilly–Crowley brief.”

For the reasons stated in the opinion heretofore filed in the Maguire case, we conclude the trial court properly sustained the demurrers to the first and second counts of the final complaints in these three cases.

The judgments in the above–entitled cases are, and each of them is, affirmed.

SPENCE, Justice.

NOURSE, P. J., and STURTEVANT, J., concurred.