Clink v. Thurston

Citations

• 47 Cal. 21

Syllabus

<p>Judge Need not Sign Judgment.—It is not required that a judgment should he signed by the Judge or Clerk.</p> <p>Judgment Boll as Evidence.—When a judgment roll is an original record of the Court in which it is offered in evidence, it requires no exemplification.</p> <p>Pleading Estoppel by Judgment.—The general rule that estoppel by a former judgment must be pleaded, does not apply where no opportunity to plead the estoppel is given.</p> <p>Complaint in Ejectment.—An allegation of an estoppel by a former judgment has no place in a complaint in ejectment.</p> <p>Evidence op Estoppel by Fobheb Judgment.—The plaintiff in ejectment may introduce in evidence a former judgment as an estoppel, without pleading it in his complaint.</p> <p>Answer in Ejectment.—In ejectment the recital in the answer of the series of facts through which the defendant claims a right to the land, are mere averments of evidence, and amount to no more than a general denial.</p> <p>Time op Proving an Estoppel by Judgment in Ejectment.—Although in ejectment it is irregular for the plaintiff in proving his case to introduce in evidence a judgment which is an estoppel, yet if the judgment is conclusive as an estoppel, thef defendant is not injured because the judgment was not reserved for rebutting testimony, and the judgment will not he disturbed.</p> <p>When Judgment is an Estoppel.—If the validity of a certificate o'f purchase of land from the State, as swamp and overflowed, is put in issue and tried in an action in which the State is not a party, and if the question whether the land is swamp and overflowed is also put in issue and tried in the same action, and it is adjudged that the certificate is invalid, and that the land is not swamp and overflowed, the judgment estops the parties and their privies from afterwards proving that the land is swamp and overflowed, and therefore the property of the State.</p> <p>Sfecial Vebdict in Equity Case.—Conceding that a special verdict of a jury in an equ