Walker v. Felt

In Walker v. Felt (1880) 54 Cal. 386, the plaintiff conveyed all of the property involved in the action and then entered into a stipulation to dismiss the litigation without costs to either party. The nominal plaintiff's attorney declared that in fact he was the owner of the property when the action commenced and that he and the nominal plaintiff stipulated to dismissal because they had parted with all interest in the property, did not wish to prosecute the action further, and did not wish to become liable for costs. The court said: "We cannot discover that this gave him any right to stipulate away the rights of his successors in interest. The attempt to do so should be defeated, if the Court possesses the requisite power to defeat it. The act involves a flagrant breach of good faith, and that is a thing which justice abhors. Nor is the act of signing that stipulation palliated in the least by the shameless confession of the attorney who signed it, that he had no title to the land which he sued for, and subsequently conveyed. The Court which made the order dismissing the action must have been imposed upon, and after discovering the fraud and imposition, the order should have been promptly vacated." (Id. at p. 388.)