Large v. Shively

On Rehearing.

lEn Banc. September 19, 1938.]

Simpson, J.

The facts in this case are presented in the opinion of the Department of the court which first heard it. After the opinion was filed, a petition for rehearing was granted, and the case was reheard En Banc.

As we now view it, the controlling question is whether the present action and the issues presented therein have been rendered res adjudicata by virtue of an action instituted in November, 1933, in the superior court of Thurston county, cause No. 15289, by George E. Large v. A. C. Martin, commissioner of public lands, and the other members…