Bartelt v. Seehorn

Citations

• 25 Wash. 261
• 65 P. 185
• 1901 Wash. LEXIS 385

Syllabus

<p>APPEAL-RECORD-PLEADINGS IN FORMER ACTION • — ■ JUDICIAL NOTICE.</p> <p>Where judgment on the pleadings has been rendered upon an answer of former adjudication, which was not traversed, the plaintiff cannot, on appeal, have the pleadings in the former case certified by the clerk to the supreme court, for consideration by that court in passing upon the contention that the causes of ‘action were different, when such pleadings had not been put in evidence in the trial court.</p> <p>JUDGMENTS- — -RES JUDICATA — -WHEN DISMISSAL OPERATES AS BAB.</p> <p>A judgment dismissing an action for damages after the introduction of plaintiff’s testimony, based on the ground of plaintiff’s contributory negligence, is a judgment on the merits and not one for failure of proof, and stands as a bar to any subsequent action between the same parties for the same cause of action.</p>