Reed v. Cross

Citations

• 116 Cal. 473
• 48 P. 491
• 1897 Cal. LEXIS 576

Syllabus

<p>Res Adjudicata—Conclusiveness of Facts Established by Judgment —Incidental Inquiry.—A judgment or decree necessarily affirming the existence of any fact, is conclusive upon the parties or their privies whenever the existence of that fact is again in issue between them, not only when the subject matter is the same, but when the point comes incidentally in question in relation to a different matter, in the same or any other court, except on appeal, or other proceeding provided for its revision.</p> <p>Id,—Action for Money Paid—Right of Contribution—Defense of Fraud—Estoppel — Former Judgment.— In an action to recover money paid by plaintiff for the benefit of defendant, in satisfaction of a note secured by mortgage given upon a joint purchase of land by plaintiff and defendant, where it appears that plaintiff’s right to recover contribution from the defendant for other payments made upon the same mortgage had been established by a judgment rendered in his favor upon a counterclaim in a former action, and that in the same action, a charge of fraud in the purchase, and in the execution of the mortgage, was put in issue, and found against the party pleading it, the judgment in the former action is conclusive of plaintiff’s right to recover in the second action, and against the defense of fraud in the same respects interposed in the second action.</p> <p>Id.— Additional Evidence of Fraud.— Where additional evidence of fraud might have been introduced under amended pleadings in the former action, or presented as ground for new trial therein, based upon newly discovered evidence, the whole question of fraud must be deemed to have been litigated and determined in the former action, and the additional evidence cannot be urged as new ground of defense in the second action.</p> <p>Id. — Findings — Evidence. — Former Judgment — Presumption upon Appeal.—Where an appeal is taken upon the judgment-roll, without a bill of exceptions, it must be presumed upon such appeal that the