Leggett v. Ross

Citations

• 14 Wash. 41
• 44 P. 111
• 1896 Wash. LEXIS 301

Syllabus

<p>JUDGMENT — EES JUDICATA — PARTIES.</p> <p>In an action by husband and wife to recover possession of certain community land, it is admissible to introduce in evidence a judgment involving the same subject matter, although rendered in an action brought by the husband alone, the presumption being that the action was brought with the knowledge and consent of the wife, in the absence of any showing to the contrary.</p> <p>A judgment may be introduced in evidence in a subsequent suit involving the same subject matter, when it is between the same parties, but the fact that a person was joined as defendant in one action and not in the other will not affect the admissibility of the record, when it appears that he was not a real party in interest.</p>