Legal Opinion · Dissent

Maxwell v. Provident Mutual Life Insurance

Washington Supreme Court

Decided February 11, 1935No. 25242. En BancPublished

1DissentBeals, J.

(dissenting) — In my opinion, a proper application of tbe doctrine of res judicata requires tbe affirmance of tbe judgment now before us for review. As stated by tbe majority, tbis doctrine applies with equal force, regardless of whether appellant appeared in tbe prior action or defaulted therein. It is also undoubtedly the rule, as stated by the majority, that a judgment

“ ... will operate as an estoppel not only as to questions of fact and law which were raised and decided in the action in which the judgment was rendered, but also as to all grounds of recovery or defense which might have…

2Cases cited8 opinions

  1. Sayward v. ThayerWashington Supreme Court · 1894
  2. Spokane Valley Land & Water Co. v. Arthur D. Jones & Co.Washington Supreme Court · 1909
  3. Olson v. Title Trust Co.Washington Supreme Court · 1910
  4. Isensee v. AustinWashington Supreme Court · 1896
  5. Mehlhop v. . Central Union Trust Co.New York Court of Appeals · 1923

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