Stern v. Washington National Bank

Citations

• 14 Wash. 511
• 45 P. 37
• 1896 Wash. LEXIS 398

Syllabus

<p>JUDGMENT — SUBSEQUENT ACTION — EES JUDICATA.</p> <p>An item for services between certain dates, which the jury are instructed not to allow but upon which evidence was given and which does not constitute a separate cause of action, cannot, after final judgment in the case for the remainder of the claim sued upon, be recovered in a subsequent action.</p> <p>One against whom a judgment is obtained for part only of the items claimed is not obliged to see that the judgment recites anything about the items rejected, in order to plead the judgment as a bar to a subsequent action on such item.</p>