Jacoby v. Peck

There were two appeals in this case, one hy plaintiff and the other by defendants. The first was considered by this court in an opinion filed November 7 last and reported ante, p. 183, [137 Pac. 264], to which reference may be had for a statement of the nature of the action. Since that decision was rendered the appeal by defendants has been transferred to this court by the supreme court.

The contention of appellants here is that they should have judgment for the reason that the issues in this action were determined, or could have been determined, in a prior action that was tried between the…