Stoops v. Woods

Citations

• 45 Cal. 439

Syllabus

<p>When Former Judgment is a Bar.—In order to determine whether a judgment rendered in a former suit is a har in a subsequent suit, inquiry must be made not only whether the former litigation was between the same parties, but also whether they were litigating in the same right or capacity in which they are litigating in the subsequent suit. .</p> <p>When Former Judgment not a Bar.—A judgment in favor of the plaintiff, in an action brought by him against a Sheriff for taking goods, and in which the Sheriff' justified under an execution in favor of A. and against B.,.is not a bar in a subsequent suit brought by the same plaintiff , against the Sheriff for taking the same goods, and in which the Sheriff justifies under an execution in favor of C. and against B.</p> <p>Who Judgment Concludes.—A judgment concludes only the real party in interest.</p> <p>Judgment in Evidence as a Bar.—A judgment between the same nominal parties is not admissible in evidence in a subsequent suit between the same parties by name and concerning the same property, unless the real parties in interest or their privies were the same.</p>