Murphree v. Anderson

Citations

• 92 Kan. 370
• 140 P. 880
• 1914 Kan. LEXIS 236

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Estoppel — Facts Occurring after Former Judgment — Not Adjudicated. A judgment is not an estoppel as to facts which did not occur until after the judgment was rendered and which were not involved in the former action, notwithstanding references were made in the pleadings in that action to matters not involved therein.</p> <p>2. Malicious Attachment — Damages—Res Judicata — No Adjudication of Facts in Issue in a Former Action. Plaintiff sued to recover damages for the malicious attachment of his property. The answer pleaded a former judgment in an action wherein plaintiff sued one of the same defendants for false arrest and imprisonment. In the petition in the former action he alleged facts with respect to the attachment of his property for the purpose of showing malice in causing his arrest and imprisonment. When the first ease was tried the attachment case was still pending, and it had not then been determined that the attachment was wrongful. Held, that the trial court properly - took from the jury the question of the former judgment on the ground that damages for the malicious attachment could not have been adjudicated in the former action.</p> <p>3. Same — Question of-Fact — Decided by Court — Not Prejudicial ■ Error. In an action to recover damages for the malicious attachment of plaintiff’s property the defendant pleaded the former judgment, in which the attachment was dissolved, and alleged that the plaintiff, as defendant in that action, had set up a counterclaim for the same damages. The trial court ruled as a matter of law that plaintiff was not by reason of the allegations of his answer in the attachment case estopped from asserting his claim. The question being one of fact, should have been submitted to the jury; but, since all the evidence was to the effect that none of the issues were in fact adjudicated in the former action, and no serious contention being now made to the contrary, the error will not be regarded as