Union Bank v. Nelson

Citations

• 32 Wash. 208
• 73 P. 372
• 1903 Wash. LEXIS 399

Syllabus

<p>JUDGMENTS-EES JUDICATA — MISTAKEN MOTION FOR NONSUIT-EF-FECT.</p> <p>A judgment of nonsuit on motion therefor, which was granted on the ground that the plaintiff failed to prove its corporate capacity, the findings of fact and conclusions of law showing that the merits of the controversy were not considered, but they and the judgment all reciting the making and sustaining of the motion for nonsuit, would not be res judicata as to a second action, although defendant might have been entitled to a judgment on the merits, in case of the proper motion therefor.</p>