McGuire v. Bryant Lumber & Shingle Mill Co.

Citations

• 53 Wash. 425
• 102 P. 237
• 1909 Wash. LEXIS 1338

Syllabus

<p>Judgment — Bab—Recitals—Dismissal and Nonsuit. In an action for personal injuries, a judgment, entered on motion of the defendant at the close of plaintiff’s case, is a final judgment on the merits barring a subsequent action for the same cause, and not a judgment of nonsuit, where it recites that “plaintiff failed to establish that the defendant had been negligent at all or that plaintiff’s injuries were the consequence of its negligence and because of such determination on the part of the court it enters judgment in favor of defendant.”</p> <p>Judgment — Recitals—Conclusiveness—Impeachment. Upon a plea of former adjudication, it is not admissible to impeach the recitals of the former judgment showing it to have been a dismissal on the merits, by evidence of the judge, clerk and stenographer at the former trial that the 'motion granted was one of nonsuit and not on the merits.</p>