Love v. Waltz
California Supreme Court
Appeal from the County Court of San Francisco. Mary Bennett, at the time administratrix of the deceased, leased certain premises to the defendants, at a certain rent, payable quarterly. The lease was executed in her own name, and did not, upon its face, purport to be executed by her in her capacity as administratrix; but the premises were in fact the property of the estate.
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Appeal from the County Court of San Francisco. Mary Bennett, at the time administratrix of the deceased, leased certain premises to the defendants, at a certain rent, payable quarterly. The lease was executed in her own name, and did not, upon its face, purport to be executed by her in her capacity as administratrix; but the premises were in fact the property of the estate. Mary Bennett afterwards intermarried with the plaintiff, her letters were revoked, and administration granted to plaintiff. Plaintiff brought suit for rent and obtained judgment by default, and the case was appealed to…
1Opinion of the CourtBurnett, J.
We do not conceive it necessary to examine all the points made in this case by counsel, as a few positions, we think, must settle the matter in controversy. It was laid down in the Duchess of Kingston's case, by Chief Justice De Grey, that “the judgment of a Court of competent jurisdiction directly upon the point, is, as a plea, a bar j or as evidence, conclusive, between the same parties upon the same matter directly in question in another Court.” 1 G-reen. Ev., § 528. The doctrine here laid down has ever since been followed, and is the settled doctrine of the law and of right reason. So far…
2Cited by5 opinions
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