Roll v. Roll

On Petition for Rehearing

Crumpacker, J.

Upon consideration of the appellants’ petition for a rehearing we have concluded to withdraw our holding that “Exhibit E” was inadmissible as evidence because it shows no judgment upon the finding that “Lucy Roll is the wife of said J. L. Roll, deceased,” and substitute the following:

When a judgment is offered not merely as evidence of its own existence but as proof of some fact or facts upon the supposed existence of which the judgment was founded, the general rule is that it is not binding upon anyone except the parties thereto, those who might legally…