Newhall v. Hatch

—I am not able to agree with the conclusion reached by a majority of the court in this case. Waiving all other questions, I think that the judgment in the first action is a bar to the present action. “ Whether a former judgment will operate as a bar to an action depends upon the identity of the two causes of action and of the parties.” (Parnell v. Hahn, 61 Cal. 131.) In the case at bar, the two actions were between the same parties, and upon the same identical cause of action,— namely, a promise to pay four thousand dollars, and a mortgage to secure it, made and executed in 1892. Respondent…