Bruce v. Foley

Citations

• 18 Wash. 96
• 50 P. 935
• 1897 Wash. LEXIS 114

Syllabus

<p>APPEAL—SETTLEMENT OF STATEMENT — SUFFICIENCY OF CERTIFICATE — NOTICE — PLEADING — WAIVER OF OBJECTIONS — RES JUDICATA'— EVIDENCE.</p> <p>Notice of the settlement of a statement of facts is unnecessary, when the statement has been regularly filed and served upon the respondent, and no amendments proposed by the latter within the time limited by law.</p> <p>Where the review of but a single question is sought by an appeal, and all the evidence bearing on that question is brought into the record and certified as all the evidence bearing thereon, it is unnecessary for the appellant to present a statement certified as containing all the material facts, matters and proceedings in the cause.</p> <p>Although the defense of res judicata is not properly admissible in evidence, unless pleaded! in the answer, yet, where proof establishing such defense has been admitted without proper objection, it should be considered by the court in determining the cause.</p> <p>In an action by the lessor for damages for breach of the conditions of a lease, the defendant is entitled to plead and prove as res judicata the judgment in a former action which was founded on the same breach, although the prior action sought a cancellation of the lease, as well as damages, when the evidence necessary to sustain the present action is the same as would have been required to sustain the former one.</p> <p>There being but one form of action in this state, the fact that a prior action of equitable cognizance had been adjudged against plaintiff would not preclude defendant from pleading res judicata to a second action founded on a claim for damages, when the two actions involve the same subject matter and require the same evidence.</p> <p>When the record of a former proceeding which has been decided upon the merits is received in evidence without objection thereto, although not pleaded, and the identity of the causes of action and the parties is established, it is not merely to be received as evidence of