Johnson v. Vance

Citations

• 86 Cal. 110
• 24 P. 862
• 1890 Cal. LEXIS 981

Syllabus

<p>Ejectment — Judgment in Former Action — Res A judicata — Ouster. — A judgment in a former action of ejectment for the recovery of the east half of a section of land therein sued for, no judgment being rendered in reference to the west half of the section, the answer in the former suit having denied any possession thereof, cannot be pleaded in bar to a second action, to recover the west half of the section, the complaint in which alleges an ouster thereof after the rendition of the former judgment.</p> <p>Id. — Judgment upon Pleadings.— When the complaint in the second action states a cause of action, and the answer contains no denials of its allegations, and relies wholly upon the bar of the former judgment, it is proper to render judgment against the defendant upon the pleadings.</p> <p>Id.—Damages' — Admissions of Pleading.— When the complaint alleges damages in a certain sum by reason of the ouster averred, and the answer neither denies the ouster nor the damages, there is no issue as to damages, and it is proper in rendering judgment upon the pleadings to award to the plaintiff the amount of damages claimed, without taking proofs as to the amount.</p>