Hooker v. Thomas

Citations

• 86 Cal. 176
• 24 P. 941
• 1890 Cal. LEXIS 996

Syllabus

<p>Appeal — Review of Findings — Judgment upon One Count — Failure to Find upon Other Counts. —Where the complaint alleges three distinct causes of action in three different counts, each of which is put in issue by the answer, a judgment in favor of plaintiff upon one count, which is fully sustained by the findings, will not be reversed because no findings were made, upon the issues presented by the other counts and the answer thereto. Every fact material to the judgment appealed from being found, that judgment must necessarily be affirmed; and the failure to find upon issues which might have been the basis of another and different judgment cannot justify a reversal, or be prejudicial to the appellant.</p> <p>Res Adjudicata — Distinct Causes of Action — Causes not Passed upon — Presumption of Adverse Finding — Rebutting Evidence. Where each of several causes of action alleged in a complaint are pnt in issue, the presumption is that they were litigated, and if the findings and judgment rendered in favor of the plaintiff cover only one of the causes of action alleged, the presumption is that the plaintiff was found and adjudged to he entitled to nothing more than was given him hy the judgment rendered; and in a second action, upon the issues not found upon, the judgment in the first action will be taken as a finding and judgment against him on such issues, in the absence of evidence; but such presumption is not conclusive, and may be rebutted by proof in the second action that, as matter of fact, the other causes of action were not litigated.</p>