97 Neb. 542 | Neb. | 1915
This plaintiff began an action in ejectment against the defendant in the district court for Franklin county. When the evidence was completed, the trial court directed a verdict for the defendant. Upon appeal to this court, the judgment of the trial court was affirmed. , Reams v. Sinclair, 88 Neb. 738. Afterwards the plaintiff began this action in equity in the district court for Franklin county to establish and quiet his title in the same land. The trial court found the issues in favor of plaintiff, and entered a decree quieting his title, and the defendant has appealed.
The defense relied upon is the former adjudication in the ejectment .action. In that action, as above indicated, the parties proceeded to trial, and, when the evidence was in and the parties had rested, the court, upon the defendant’s motion, directed the jury to find a verdict in the defend
If the plaintiff desires that the disposition of his case shall be without prejudice to another action, he can dismiss it “before the final submission of the case.” If he persists and takes' the judgment of the court on his case, it will be res judicata of the issues involved therein. It is said in the brief that, when the defendant moves for nonsuit and his motion is overruled, the defendant may still proceed with his case, and that the same privilege should be allowed the plaintiff. If the plaintiff asks to be allowed to introduce further evidence, the court has the discretion to allow it. Nelson v. Omaha & C. B. Street R. Co., 93 Neb. 154. The trial court will generally allow this if it appears that justice requires it. But if the plaintiff does not ask to submit further proofs, and persists in standing upon the record as made, and appeals to this court from the decision against him, he cannot afterwards avoid the effect of the judgment.
This being the sole question presented in this case, it follows that the judgment of the district court is
Affirmed.