Barnum v. Reynolds

Citations

• 38 Cal. 643

Syllabus

<p>Former Recovery.—Wien a complaint embraces several causes of action, the plaintiff, in a second suit, may show that he “offered” no evidence as to one or more of those causes of action, and that the cause went to the jury upon a different part of his claim from that for which the second suit is brought, in which case, the judgment in the first will be no bar to the second.</p> <p>Idem.—But when he attempts to give evidence as to all the causes of action, and submits the question to the jury, and ho fails as to a part for the want of sufficient proof, the defendant may insist upon the- judgment as a bar.</p> <p>Idem.—When the point in issue in the former suit was one of title, and it is not pretended that the plaintiff has now any other or better title than he had when the first action was tried, he is estopped from litigating that question in the second action.</p>