Treat v. Ellis

Citations

• 5 Alaska 722

Syllabus

<p>Judgment &wkey;>713(2)—Estoppel—Res Judicata.</p> <p>The plaintiffs began a former suit for the same cause against the same defendant, and obtained judgment; the case was appealed to the United State» Oircuit Court of Appeals, Ninth Circuit, where it was reversed and remanded to this court, with instructions to dismiss, which was done. In this action the same plaintiffs seek to recover from the same defendant the same interest in the same property, based upon the same contractual relations, upon the same evidence. Held, the .case comes within the rule that “a judgment estops, not only as to every ground of recovery or defense actually presented in the action, but also as to every ground which might have been presented.” The defense of res judicata will therefore have to be sustained.</p> <p>c@=5See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>