Wixson v. Devine

Citations

• 67 Cal. 341
• 7 P. 776
• 1885 Cal. LEXIS 638

Syllabus

<p>Evidence—Opinion of Judge.—A paper which purports to be the opinion of the 1----judge in a former action between the same parties, but is not signed by the judge or authenticated in any way, is not admissible in evidence in connection with the judgment roll in that action.</p> <p>Eobmeb Adjudication—Judgment Becobd.—A judicial record is not conclusive as to the truth of any allegations which were not material and traversable; but as to all those which were material and traversable, the judgment is conclusive between the samo parties upon the same matter.</p> <p>Id.—Upon comparison of the judgment roll in the former action with the pleadings in this, held, that the same identical question was involved and was finally determined in the former action, and should not again be litigated between the same parties.</p> <p>Ed.—Pjleading.—A former recovery by the plaintiff operates by way of estoppel on the defendant, and cannot properly be pleaded.</p>