Gray v. Dougherty

Citations

• 25 Cal. 266

Syllabus

<p>Former Suit and Judgment in Bar.—The former judgment of a Court, having jurisdiction over the subject matter and the parties, is a bar to a second suit upon the same cause of action between the same parties or their privies, and is conclusive, not only upon every question involved therein and thereby determined, hut also as to every other matter which the parties might have litigated in the cause and which they might have decided.</p> <p>•Same.—In order to render the former judgment effectual as a bar, it must appear that the matters litigated were submitted on their merits, and actually passed on by the Court; for if the trial went off on a technical defect, or because the cause of action had not yet accrued, or because of the temporary disability of the plaintiff to sue, or the like, the judgment will be no bar to a future action.</p> <p>Proof of What was Passed On in a-Suit.—The issues passed on in a former suit may be ascertained by an inspection of the judgment roll ,* and if that fails to disclose all the facts necessary to a complete determination of the question, a resort may be had to extrinsic evidence.</p> <p>An Erroneous Judgment a Bar.—The question whether a former judgment is erroneous is not material; for an erroneous judgment, until reversed, is as binding and conclusive upon parties and privies as one in which no error is found.</p> <p>Premature Suit no Bar.—If a demand by the vendee for a deed from the vendor is necessary before suit can he brought for a specific performance of a contract to convey land, and a suit is brought to enforce such performance before a demand is made, and judgment is rendered in favor of the defendant by reason of a failure to make such demand, the judgment is no bar to a future action by the vendee, or his successor in interest.</p> <p>■Joinder of Actions.—Where a party is entitled to both legal and equitable relief, in a matter arising out of the same transaction and founded on the same instrument in writing, the who