4 Tex. 51 | Tex. | 1849
Wo will first proceed to discuss the effect of a judgment on the pul-ties to it, in relation to the subject-matter adjudicated and embraced in the judgment; and the following quotation, from high authority, is believed to be very appropriate on this subject:
“With respect to judgments, properly so called — i. e., those solemn decisions of courts of justice, made in the exercise of their rightful jurisdiction, after giving- the parties an opportunity to be heard, and upon due deliberation — the law, proceeding upon the maxim that interest Meipvblicce vt sit finis litium, will regard them as conclusive upon all points directly involved in them and necessarily determined. And whether the” tribunals rendering them are clothed with limited or general powers, -whether they are courts of record or otherwise, malees no sort of difference. So long as they act within the sphere which lias been assigned, their adjudications" are binding- upon the, parties in all future controversies relating to the same matter.” (Coweu & Hill’s Notes on Phil. Ev., v. 3, p. 825.)
Again, if (ho demand upon which (he plaintiff prosecutes has been litigated in ¡i suit previously between the same parties, it is a bar (o a second action. (Cist v. Zeigler, 10 S. & R. R., 282.) The general proposition that the judgment or deoree- of a court possessing competent jurisdiction shall be final as to the matter determined cannot be.”controverted. “The principle, however, extends further; it is not only final as to the matter actually determined, but as to every other matter which the parties might litigate" in the cause, and which they might have had decided.” (1 Johns. Cas., 436; 1 Blackf. R., 300.) But it is only where the trial was on the merits, where all the matters between the parties were or could have been adjudicated, that the-judgment is a bar to another action. So if the party has misconceived his action and taken a nonsuit. Where the defendant in a scire facias pleaded nul tiel record, and prevailed because the scire facias recited a judgment against James A. Green, and the judgment was against James Green, it was held that this constituted no bar to another or second scire facias. (Benton v. Duffy, Cam. & Nor., 98.) Same principle in Commonwealth v. Mortimer. (2 Virg. Cas., 325.) It must appear that the trial was on the merits; for if the canse went off on a technical dcfocl, it would virtnally negative the averment that the cause of action was the same. (Judge Story, in Hayes v. Blake, 1 Mas. C. C. R., 515, 519.) So if the’cause went off because the debt was not due. (Estell v. Taul, 2 Yerg. R., 467, 470.) So a discontinuance of a former suit is no bar to a second suit. (Hull v. Blake, 13 Mass. R., 103, 155.)
There has been a great deal of discussion and some conflict of decision
!i is believ 1 uot to he necessary to disi-u ■ j the qn :iou whether a judgment mu -l be in w. itiug- to allow it to be offer -d in bar -mother action; because, \\ bother we are to consider a Justice’s Court a court >£ record or not, they are r< quired to enter their judgments in the proceedings of the case; aud consequently they tire better evidence, when produced aud proved, than mere oral evidence of what was embraced in such judgment. And therefore there can be no doubt that the judgment ought to bo produced whenever the defense of a former adjudication is set up, cither of an acquittal or conviction.
We will proceed to examine how far oral testimony has been received to explain the judgment. It is laid down by Cowen & Hill, in the Notes on Phil.Ev., (3 vol., 838.) “that whenever a question is made respecting the “identity of matters litigated in tlio first suit, parol evidence is admissible to “show what transpired bn the former trial and to explain the judgment;” and they rest t he principle on the authority of tlio following cases: Parker v. Thompson, 3 Pick. R., 429; Cist v. Zeigler, 10 S. & R., 282, 285; Stephens v. Payne. 2 Root R., 83; Wood v. Jackson, 8 Wend. R., 9; and 4 Cow. R., 559; 3 Id., 120. We will refer to but one authority more to show that parol evidence can he received, and that is the case of Éstell v. Taui, cited above in the discussion of another question. Tito action was assumpsit for use, and occupation, aud a count for breach of promise, in not leaving the premises in tenantablc repair; nou-assumpsit pleaded. On the trial, Paul produced in evidence a warrant and judgment: in his favor. And it was proved by tlio justice that his judgment was'given for tile defendant oil the ground that, in his opinion, the debit was not due when the warrant was sued out, and that it was for the same cause of action as to the rent. Judge Peck, after discussing the general proposition of the conclusive, character of a judgment between the same parties, proceeds: “The courts have been long sensible of the difficulties “ which might arise from the loose manner of preparing- and keeping justices’ “records and a concurrent jurisdiction in tlio County Courts with the justice “as to like matters. If we say Unit it must appear from the record that tlio “ same point was in issue, or otherwise lite record he rejected, most justices’ “judgments, being latent as to tins matter in issue, could not bo received in “ evidence. The consequence would be that persons suing before justices of “ the peace, in eases where the County Court jurisdiction was concurrent, could “ try an experiment before the justice, aud, failing there, commence a new suit “ in' this County Court.. To prevent such an evil'we are compelled to consider “ (lie pleadings before the justice as done ore tam.i. It lets in proof, its in “ the case before us, of what was the matter before the justice. The jury of “ course then will receive it with the other proof and give it due weight, not “ disregarding tlio other testimony.”
“ Judge Catron : Parol evidence is admissible to show the fact or issue, tried “ and determined by the justice. It is oven so where the pleadings are in “ writing, hut tlio judgment general and uncertain. (1 Stark. Ev., 202, see. “ 03.) ÍI must be so of necessity when the defense is not on paper.”
The reasoning of the two judges in that case does not seem to address itself very forcibly to' us in the case under consideration. Our justices of the peace often keep their proceedings very loosely, aud they are not expected to be. well acquainted with laiv, and may often use words, in entering up their judgments, in a different sense from their technical import. In tile case under consideration it is exceedingly difficult to determine from the language ern-
The language of the judgment creates a very decided presumption that the debt was not all due at the counnmencement of the suit, and throws tlie ouus of proof on the defendant; and it is competent for him to show the fact that in truth the acknowledged order was a debt indivisible and due at the same time, and that the plaintiff had only failed from want of being fortified with the testimony. And if so, ho could not bo sued a second time; for tlie law wills that nemo debet bis 'vexari pro eadem causa. For tlie reasons assigned, we believe the evidence offered was admissible, and for its rejection there is error in tlie judgment, for which it must be reversed and the cause remanded.
Judgment reversed.