Kaufman v. Klain

Citations

• 69 Wash. 113
• 124 P. 391
• 1912 Wash. LEXIS 854

Syllabus

<p>Judgment — Res Judicata — Matters Determined—Evidence— Sufficiency—Parties. In an action to foreclose mortgages a plea of former adjudication is established where plaintiff admitted that, in a former action brought against him by the defendant for wages, he (the plaintiff) had set up in defense an indebtedness to him for advances made which he sought to recover and which was represented in part by the mortgages, and the ease was submitted to a jury with directions to bring in a verdict in favor of the party to whom any balance was due; and it is immaterial that the parties were not all the same in both actions, the other persons not being primarily interested and merely proper parties.</p> <p>Judgment—Res Judicata—Appeal—Effect. An appeal from a judgment does not suspend its effect as res judicata.</p>