57 Mich. 422 | Mich. | 1885
The defendants exchanged horses with ■plaintiff, giving him one they had obtained from one Evens. The plaintiff shortly after sold the horse to Thomas Connolly. Henry Stevens replevied the horse from Connolly in justice’s ■court, claiming that he was the owner, and that the horse had been stolen from him some six years before. In this suit ■Stevens recovered judgment, and thereupon Connolly sued Axford, the plaintiff in this suit, in assumpsit for failure of title, and recovered. In that suit Axford gave the defendants written notice to appear and defend the title. After-wards Axford brought this suit against the defendants, his vendors, for-the failure of title. He offered in evidence the said judgment of Connolly against him, and the notice to these defendants to appear and defend, and insisted that the judgment was conclusive evidence as to the title to the horse, and the defendants should not be permitted to prove that Stevens was mistaken as to his ever having owned the horse, and that the title to the same was rightfully in John D. Evens, the vendor of these defendants; and in this view plaintiff was sustained by the court.
The defendants offered to show that Axford, the plaintiff, had charge of the defense of Connolly when sued by Stevens; that he employed the counsel who tried the suit, and was present and sworn, and that he afterwards refused to permit the vendor of the defendants, Evens, to appeal the suit, and that the horse actually belonged to Evens, and not to Stevens; that these defendants were called on as witnesses, but had no notice of it otherwise, and nothing to do with the conduct of the case or employment of counsel. This evidence was objected to, and ruled out by the court, and exception taken. '
All the assignments of error are upon the conclusiveness
We think the court erred in excluding the testimony offered. If defendant should establish the fact that Axford was notified by Connolly to appear and defend the title of the horse in the suit brought by Stevené, and he did so appear and defend, he was bound by the judgment in that case, and neither he nor his vendor could successfully assail it in ari action by Connolly against Axford. The proper course for plaintiff to have pursued when notified by Connolly to defend the title was for him to notify the defendants to defend the title, and in that case the judgment rendered in the suit of Stevens v. Connolly would have been binding and conclusive upon defendants.
Judgments of courts having jurisdiction are held conclusive upon parties and privies. But the reason why they are eomclusive is because an opportunity has been afforded to the party thus concluded to assert or defend his right before the-court rendering the judgment. In this case, questions concerning the title to the horse are settled and,concluded against all parties who have had an opportunity of contesting;
The judgment must be reversed and a new trial ordered.