Lillis v. Emigrant Ditch Co.

Citations

• 95 Cal. 553
• 30 P. 1108
• 1892 Cal. LEXIS 865

Syllabus

<p>Former Adjudication — Action upon Different Demand — Defense not Concluded — Evidence of Different Defense.—Although a judgment upon the merits is a conclusive determination respecting the plaintiff’s right of action, and respecting all matters directly in issue in the action, and which might have been litigated in respect to the plaintiff’s demand, yet the judgment, as an estoppel, is limited to the right of the plain tiff to maintain the action in which it was rendered, and a judgment for the defendant does not estop him, in another action upon a different demand, either as to the defense which was pleaded in the former action, or as to any other defense which might have been interposed therein, or from showing that the evidence, which established an affirm- • ative defense which defeated the former action, was sufficient also to establish a different fact, which becomes material to a defense to any other demand by the same plaintiff.</p> <p>Id.—Judgment not Conclusive as to Collateral Matters. — A judgment only concludes the parties as to facts in issue, as distinguished from facts in controversy, and is not conclusive of any matter which only comes collaterally in issue, nor of any matter incidentally cognizable; nor of any matter to be inferred by argument from the judgment; nor of any collateral facts which are offered in evidence to establish matters or facts in issue.</p> <p>Id. — Action for Diversion of Water — Defense of Prescriptive Right — Effect of Judgment — Admission of Answer — Extent of Right. — In an action for the diversion of water, where the real issue before the court is as to the right of the defendant to divert the water, the diversion of which is complained of, although the defendant pleaded as a defense a prescriptive right to divert a certain amount of water, with respect to which he asked an affirmative relief, the amount of the diversion to which the prescriptive right extends is not a material issue, and is not conclusively determine