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subpcena. Any person so summoned who fails to attend at
the time and place named in the summons, is guilty of a con-
tempt.

Hi«itory: Enacted March 11, 1872, re-enactment of S 401 Prac-
tice Act with addition of last two sentences.

See Kerr's Cyc. C. C. P. for 5 pars, annotation.

97 C. 644, 645 (erroneously cited for S H84), 32 P. 801 (correct,
citation); 108 C. 8, 11, 41 P. 281 (applied): 132 C. 199. 201, 64 P.
265 (applied); 138 C. 626, 628, 72 P. 166 (applied): 2 C. A. ^^'.
539. 84 P. 295 (applied).

As to acts authorizing appointment of interpreters, see Hen.
G. L. p. 557.

As to many nii.scellaneous matters of evidence, see note
§ 1823, ante.

As to subpoenas, see Kerr's Cyc. C. C. P. SS1985 et seq. and
notes.

Contempts. — See Kerr's Cyc. C. C. P. S§ 1209 ct sc(|. and notes.



1391



SS 1887, 1888 CODrO OP niV^IL TROCEDURE. [Pt.IV,Tlt.II.

CHAPTER III,

WRITINGS.

Article I. Writings in General, §§ 1887-1889.
II. Public Writing's, §§ 1S92-1927.
III. Private Writings, §§ 1929-1951.

ARTICLE I.

WRITINGS IN GENERAL.

§ 1887. Writings, public and private.
§ 1888. Public writings defined.
§ 1889. All others private.

§1887. WRITINGS, PUBLIC AND PRIVATE. Writings
are of two kinds:

1. Public; and,

2. Private.

History: Enacted March 11, 1872.

Ill C. 144, 149 (cited by error for § 1847), 43 P. 520, 521 (cor-
rect citation); 119 C. 166, 171 (erroneously cited for §1847), 51
P. 553, 555 (correct citation).

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

§ 1888. PUBLIC WRITINGS DEFINED. Public writings
are:

1. The written acts or records of the acts of the sovereign
authority, of official bodies and tribunals, and of public offi-
cers, legislative, judicial and executive, whether of this state,
of the United States, of a sister state, or of a foreign country;

2. Public records, kept in this state, of private writings.

History: Enacted March 11, 1872.

See Kerr's Cyc. C. C. P. for 3 pars, annotation.

49 C. 210, 212 (construed); 52 C. 171, 186 (construed in con-
nection with §1855, subd. 4, and §§1904, 1919); 59 C. 502, 506
(cited with §1855 ante, §§1893, 1894, 1919 post); 114 C. 548, 550,
46 P. 468 (construed with §§ 1032, 1889, 1892, 1894).

As to many miscellaneous matters of evidence, see note
§1823, ante.

1392



C.h. III.] PRIVATK WRITINGS. § 1889

§ 1889. ALL OTHERS PRIVATE. All other writings are
private.

History: Enacted March 11, 1872.

114 C. 548, 550, 46 P. 468 (cited).

As to many irii-scellaneous matters of evidence, see note
§ 1823, ante.



Kerr's C. C. P.— 88 1393



§ 1892 COVYR OF CIVIL PROCEDURE. [Pt.IV.Tit.II.



ARTICLE II.
PUBLIC WRITINGS.

S 1892. Every citizen entitled to inspect and copy public writ-
ings.

§ 1893. Public officers bound to give copies.

S 1894. Four kinds of public writings.

S 1895. Laws, written or unwritten.

§ 1896. Written laws defined.

i? 1897. Constitution and statutes.

S 1898. Public and private statutes defined.

§ 1899. Unwritten law defined.

§ 1900. Books containing laws presumed to be correct.

§ 1901. Evidence of foreign law.

§ 1902. Other evidence of laws of other states.

§ 1903. Recitals in statutes, how far evidence.

§ 1904. Judicial record defined.

§ 1905. Record, how authenticated as evidence.

§ 1906. Record of a foreign countrj', how autlienticated.

S 1907. Copy of a foreign record, when evidence.

§ 1908. Effect of a judgment or final order upon rights in vari-
ous cases.

§ 1909. Effect of other judicial orders, when conclusive.

§ 1910. Where parties are to be deemed the same.

S 1911. What deemed adjudged in a judgment.

§ 1912. Where sureties bound, principal is also.

§ 1913. Record of another state, its effect.

§ 1914. Record of a court of admiralty.

S 1915. Effect of a foreign judgment.

§ 1916. Manner of impeaching a record.

§ 1917. The jurisdiction necessary in a judgment.

§ 1918. Manner of proving other official documents.

§ 1919. Public record of private writing evidence.

§ 1920. Entries in official books prima facie evidence.

§ 1921. Justice's judgment in otlier states, how proved.

S 1922. Same. [Certificate to transcript, contents.]

§ 1923. Contents of other official certificates.

§ 1924. Provisions in relation to states apply to territories.

§ 1925. Certificates of purchase primary evidence of owner-
ship.

§ 1926. Entries made by officers or boards prima facie evi-
dence.

§ 1927. United States mineral land-patent, date of location
is prima facie evidence.
1394



ch.III.art.II.] PUBLIC WRITINGS. §§ 1892-1894

§ 1892. EVERT CITIZEN ENTITLED TO INSPECT AND
COPY PUBLIC WHITINOS. Every citizen has a right to in-
spect and take a copy of any public writing of this state,
except as otherwise expressly provided by statute.
HiHtory: Enacted March 11, 1872.

Sec Kerr's Cyc. C. C. P. for 3 pars, annotation.

114 C. 548, .550, 46 P. 468 (construed with §§ 1032. 1888. 1889
ante and § 1894 post).

As to attachment, fact of issuance of, not to be made public,
see Kerr's Cyc. Pol. C. § 1032 and note.

As to divorce, proceedings not to be open to inspection, see
Kerr's Cyc. Pol. C. § 1032 and note.

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

As to public records, open to inspection, see Kerr's Cyc. Pol.
C. § 1032 and note.

S 1H93. PUBLIC OFFICERS BOUND TO GIVE COPIES.

Every public officer having the custody of a public writing,
which a citizen has a right to inspect, is bound to give him,
on demand, a certified copy of it, on payment of the legal
fees therefor, and such copy is admissible as evidence in
like cases and with like effect as the original writing.

History: Enacted March 11, 1872; amended March 24, 1874,
Code Amdts. 1873-4, p. 381.

See Kerr's Cyc. C. C. P. for 3 pars, annotation.

49 C. 210, 212 (construed with §1888 and S1894): 59 C. 502,
506 (cited); 70 C. 14, 15, 16, 11 P. 500, 501 (construed with § 1855,
subd. 4 and §§1894, 1919, 1951).

As to many miscellaneous matters of evidence, sec note
§ 1823, ante.

As to public records open to inspection, see Kerr's Cyc. Pol.
C. § 1032 and note.

§ 1894. FOUR KINDS OF PUBLK WHITINGS. Public
writings are divided into four classes:

1. Laws;

2. Judicial records;

3. Other official documents;

4. Public records, kept in this state, of private writings.

History: Enacted March 11, 1872.
1395



SS 1895-1898 CODK OF CIVIJ. PKOCEDURK. LPt.IV.Tit.Il.

See Kerr's Cyc. C. C. P. for 3 pars, annotation.

49 C. 210, 212 (construed with §§1888, 1893); 50 C. 346, 348
(cited with §1919); 59 C. 502, 506 (cited witli §1855 suhd. 4 and
§§1893, 1919); 70 C. 14, 15, 16, 11 P. 500 (construed with §1855
subd. 4 and §§ 1919, 1951); 114 C. 548, 550, 46 P. 468 (cited).

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

S 1895. LAWS, WRITTEN OR UNWRITTEN. Laws whe-
ther organic or ordinary, are either written or unwritten.
History: Enacted March 11, 1872.

§ 1896. WRITTEN LAWS DEFINED. A written law is
that which is promulgated in writing, and of which a record
is in existence.

History: Enacted March 11, 1872.

140 C. 1, 8 (erroneously cited for § 1986), 73 P. 597, GOO (refer-
ence to section omitted).

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

§1897. CONSTITUTION AND STATUTES. The organic
law is the constitution of the government, and is altogether
written. Other written laws are denominated statutes. The
written law of this state is therefore contained in its con-
stitution and statutes, and in the constitution and statutes of
the United States.

History: Enacted March 11, 1872.

137 C. 222, 223 (erroneously cited for §1847), 69 P. 1011 (cor-
rect citation).

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

§ 1898. PUBLIC AND PRIVATE STATUTES DEFINED.

Statutes are public or private. A private statute is one which
concerns only certain designated individuals, and affects only
their private rights. All other statutes are public, in which
are included statutes creating or affecting corporations.

History: Enacted March 11, 1872.
1396



ch.III.art.II.] BOOKS'— PRESl'MPTlOiV. SS 1899-1901

§ 1899. UNWRITTEN LAW DEFINED. Unwritten law is
the law not promulgated and recorded, as mentioned in sec-
tion eighteen hundred and ninety-six, but which is, neverthe-
less, observed and administered in the courts of the country.
It has no certain repository, but is collected from the reports
of the decisions of the courts, and the treatises of learned
men.

Hintory: Enacted March 11, 1872.

See Kerr's Cyc. C. C. P. for 2 pars, annotation.
82 C. 14, 18, 22 P. 1129 (applied).

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

§ 1900. BOOKS ( ONTAINING LAWS PRESUMED TO UE
CORRECT. Books printed or published under the authority
of a sister state or foreign country, and purporting to con-
tain the statutes, code, or other written law of such state
or country, or proved to be commonly admitted in the tribu-
nals of such state or country as evidence of the written law
thereof, are admissible in this state as evidevice of such law.

History: Enacted March 11, 1872, substantial re-enactment
of § 453 Practice Act.

As to books — Authority of, see Kerr's Cyc. C. C. P. S 19ti3
subds. 35, 36 and note; also note § 1823, ante.

Same — Historical, etc. — See Kerr's Cyc. C. C. P. §19:5(i :ind
note.

Same — Resort to. — See Kerr's Cyc. C. C. P. § 1875 and note.

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

As to sister state, public writing- of, see Kerr's Cyc. C. C. I^.
§ 1924 and note.

§ 1901. EVIDENCE OF FOREIGN LAW. A copy of tho
written law or other public writing of any state or country,
attested by the certificate of the officer having charge of the
original, under the public seal of the state or country, is ad-
missible as evidence of such law or writing.

HiMtury: Enacted March 11, 1872; amended March 24, 1874,
Code Amdts. 1873-4, p. 381.

As to certificates, requisites of. see post S 1923.

1397



§§1902-1904 (JOJ)E OF CIVIL PROCEDURE. [Pt.I V.Tit.Il.

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

As to public records of private writings, see Kerr's Cyc. C. C.
P. § 1919 and note.

As to public writing's of sister state, see post § 1424.



S 1902. OTHER EVIDENCE OF LAWS OF OTHER STATES.

The oral testimony of witness&s skilled therein is admissible
as evidence of the unwritten law of a sister state or foreign
country, as are also printed and published books of reports
of decisions of the courts of such state or country, or proved
to be commonly admitted in such courts.

History: Enacted March 11, 1872.

8 1903. RECITALS IN STATUTES, HOW FAR EVIDENCE.

The recitals in a public statute are conclusive evidence of the
facts recited for the purpose of carrying it into effect, but
no further. Tlie recitals in a priyate fstatnte are conclusive
evidence between parties who claim under its provisions, but
no further.

History: Enacted March 11, 1872.

See Kerr's Cyc. C. C. P. for 3 pars, annotation.

132 C. 502, 506, 60 P. 863, 64 P. 894 (erroneously cited for
§1908); 133 C. 593, 600, 65 P. 1102 (applied).

As to journal of legislature as evidence of due passage of
statute, see 58 A. D. 574, 575.

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

As to recitals in written instrument, see Kerr's Cyc. C. C. P.
§ 1962 subd. 2 and note.

§ 1904. JUDICIAL RECORD DEFINED. A judicial record
is the record or official entry of the proceedings in a court of
justice, or of the official act of a judicial officer, in an action or
special proceeding.

History: Enacted March 11, 1872.

See Kerr's Cyc. C. C. P. for 4 pars, annotation.
52 C. 171, 186 (construed witb other sections): 7 P. 128 (con-
strued); 118 C. 100, 101, 30 P. 312 (cited with § 1905 post).

1398



ch.Tir.art.II.] AUTHENTICATION OF RRCORD. § 1905

As to execution book as evidence, see Kerr's Cyc. C. C. P.
§ 683 and note.

As to judg:ment-rolI, see Kerr's Cyc. C. C. P. § 670 and note.

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

§ 1905. RECORD, HOW AUTHEMICATED AS EVIDENCE.

A judicial record of this state, or of the United States, may
be proved by the production of the original or by a copy
thereof certified by the clerk or other person having the le-
gal custody thereof. That of a sister state may be proved by
the attestation of the clerk and the seal of the court annexed,
if there be a clerk and seal, together with a certificate of the
chief judge or presiding magistrate, that the attestation is in
due form.

History: Enacted March 11, 1872, founded on §§ 449, 450 Prac-
tice Act; amended by Code Commission, Act March 8, 1901, Stats,
and Amdts. 1900-1, p. 244, act held unconstitutional, see his-
tory, § 5 ante.

See Kerr's Cyc. C. C. P. for 6 pars, annotation.

Code Nection 81 C. 151, 152, 22 P. 513 (construed); 104 C. 407.

412, 413, 414, 43 A. S. 118, 38 P. 89 (construed with § 905 U. S.
Rev. Stats, and §§ 1906, 1907 post); 113 C. 247, 256, 257, 45 P. 320
(Cited in dis. op.); 118 C. 100, 101, 30 P. 312 (cited with §1904
ante); 5 C. A. 383, 385, 90 P. 481 (recitals of certified copy of
judgment, showing acquisition of jurisdiction is evidence of
facts recited).

Practice Act §§440, 450. — 7 C. 247, 249 (construed).

As to authentication of public acts, records, and judicial pro-
ceedings of a sister state, see Hen. G. L. p. cxiii.

As to certificate, see post § 1923.

As to judicial record — Seal required, see Kerr's Cyc. C. C. P.
§ 153 subd. 3 and note.

Same — Same — To certificate of appointment of administratur.
etc.— See Kerr's Cyc. C. C. P. § 1429 and note.

Same — Of sister state. — See U. S. Const, art. IV § 1, Hen. C. I.,
pp. xxii, cxill.

As to many miscellaneous matters of evidence, sec note
§ 1823, ante.

As to seal of court, to what documents affixed, sec Kt-rr's
Cyc. C. C. P. § 153 and note.

As to transcript showing appointment of executor or ailmin-
istrator, effect of as evidence, see Kerr's Cyc. C. C. P. § 1429 and
note.

1399



S*i 1900, 1907 CODE OF CIVIL PROCEDURIO. [Pt.IV.Tit.II.

§ 1906. RECORD OF A FOREIGN COUNTRY, HOW AU-
THENTICATED. A judicial record of a foreign country may
be proved by the attestation of the clerk, with the seal of the
court annexed, if there be a clerk and a seal, or of the legal
keeper of the record, with the seal of his office annexed, if
there be a seal, together with a certificate of the chief judge,
or presiding magistrate, that the person making the attesta-
tion is the clerk of the court or the legal keeper of the record,
and, in either case, that the signature of such person is genu-
ine, and that the attestation is in due form. Tlie siguature of
the chief judge or presiding magistrate must he authenticated
by the certificate of the minister or embassador, or a consul,
vice-consul, or consular agent of the United States in such
foreign country.

History: Enacted March 11, 1872, founded on § 451 Practice
Act; amended March 24, 1874, Code Amdts. 1873-4, p. 382; by
Code Commission, Act March 8, 1901, Stats, and Amdts. 1900-1,
p. 244, act held unconstitutional, see liistory, § 5 ante.

See Kerr's Cyc. C. C. P. for 7 pars, annotation.

86 C. 93, 101, 23 P. 207, 208, 24 P. 801 (cited); 104 C. 407, 412,
413, 414, 43 A. S. 118, 38 P. 89 (construed with § 905 U. S. Rev.
Stats, and § 1905 ante and § 1907 post).

As to certificate, see post § 1923.

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

As to validity of foreign probate of will as documentary evi-
dence, see Kerr's Cyc. C. C. P. §| 1322-1324 and notes.

§1907. COPY OF A FOREIGN RECORD, WHEN EVI-
DENCE. A copy of the judicial record of a foreign country
is also admissible in evidence, upon proof:

1. That the copy offered has been compared by the witness
with the original, and is an exact transcript of the whole of it;

2. That such origiual was in the custody of the clerk of the
court or other legal keeper of the same; and,

3. That the copy is duly attested by a seal which is proved
to be the seal of the court where the record remains, if it
be the record of a court; or if there be no such seal, or if
it be not a record of a court, by the signature of the legal
keeper of the original.

1400



Ch.lll,art.ll.] EFFECT OF JUDGMENT. §1908

History: Enacted March 11, 1872, re-enactment of §452 Prac-
tice Act.

See Kerr's Cyc. C. C. P. for 2 pars, annotation.

86 C. 93, 101, 102, 23 P. 207, 209, 24 P. 801 (construed with
§§1322-1324 ante); 104 C. 407, 412, 413, 414, 43 A. S. 118. 38 P.
89 (construed with §905 U. S. Rev. Stats., §§1905, 1906 ante).

As to admission of certified copy and compared copy, see
Kerr's Cyc. C. C. P. §1906 and note par 5; also 104 C. 407, 414,
43 A. S. 118, 38 P. 89.

As to many miscellaneous matters of evidence, ' see note
§ 1823, ante.

§1908. EFFECT OF A JUDGMENT OK FINAL OKDEli
UPON EIGHTS IN VARIOUS CASES. The effect of a judg-
ment or final order in an action or special proceeding l)efore
a court or judge of this state, or of the United States, having
jurisdiction to pronounce the judgment or order, is as follows:

1. In case of a judgment or order against a specific tiling,
or in respect to the probate of a will, or the administration
of the estate of a decedent, or in respect to the personal,
political, or legal condition or relation of a particular per-
son, the judgment or order is conclusive upon the title to the
thing, the will, or administration, or the condition or relation
of the person.

2. In other cases, the judgment or order is, in respect to
the matter directly adjudged, conclusive between the parties
and their successors in interest by title subsequent to the
commencement of the action or special proceeding, litigating
for the same thing under the same title and in the same
capacity, provided they have notice, actual or constructive,
of the pendency of the action or proceeding.

History: Enacted March 11, 1872; amended March 24. 1S74,
Code Amdts. 1873-4, p. 382.

See Kerr's Cyc. C. C. P. for 48 pars, annotation.

54 C. 254, 257 (construed with § 1637); 56 C. 413, 420 (applied):
58 C. Ill, 114 (construed); 58 C. 159, 163 (construed with §766);
61 C. 131 (applied); 62 C. 190, 201, 203 (eun.xlrued ) ; 63 C. .''.. C
(cited with §§ 1327, 1333 ante); 63 C. 56 1, 567 (cited with SS I ;><'!».
1911, 1912); 69 C. 586, 588, 11 P. 343 (ai)plied); 70 C. 350. 361. II
P. 724, 728 (applied); 70 C. 361, 371, 11 P. 734, 738 (cited): 72 C.
313, 315, 14 P. 20, 21 (applied); 14 P. 190, 192 (sutul. 1 iipplied—

1401



§ 1908 CODE OF CIVIL PROCEDURE. [Pt.IV.Tit.II.

judgment roll in former case, conclusiveness of, as evidence);
74 C. 435, 441, 16 P. 236, 238 (construed with §1911); 74 C. 512,
515, 516, 16 P. 307, 309 (construed in connection witli §§1665,
1666, 1678); 75 C. 174, 177, 16 P. 769, 770 (cited); 83 C. 290, 294,
23 P. 300, 301 (construed with §1637); 91 C. 342, 349, 27 P. 747,
748 (construed and applied); 93 C. 505, 509, 29 P. 121 (construed
and applied); 29 P. 780, 781 (subd. 2 applied — this and § 1911 are
in harmony with weight of authority); 95 C. 553, 30 P. 1108
(applied); 96 C. 298, 307, 31 A. S. 209, 31 P. 166 (construed); 100
C. 158, 171, 34 P. 667 (cited); 100 C. 404, 407, 34 P. 869 (con-
strued as not applying); 36 P. 372 (construed); 109 C. 203, 205,
206, 41 P. 1012 (construed); 112 C. 279, 287, 44 P. 565 (construed);
46 P. 740 (cited); 118 C. 160, 220, 50 P. 277 (construed with
§1911); 118 C. 393, 400, 46 P. 740, 50 P. 668 (cited); 119 C. 139,
147, 148, 151, 51 P. 38, 41, 42, 43 (construed — what constitutes
jurisdiction); 121 C. 55, 65, 69, 53 P. 421 (cited); 121 C. 438, 444,
53 P. 946, 41 L. 544 (applied with §1666); 122 C. 483, 484, 55 P.

144 (cited); 127 C. 245, 248, 59 P. 699 (applied): 129 C. 232, 236,
79 A. S. 118, 61 P. 958 (construed with §1911): 130 C. 505, 508.
62 P. 825 (cited); 130 C. 597, 599, 62 P. 1062 (applied); 132 C.
502, 506, 60 P.-863, 64 P. 894 (applied, but erroneously cited as
§ 1903); 133 C. 55, 63, 65 P. 139, 140, 142 (construed as not apply-
ing); 133 C. 107, 108, 109, 65 P. 124 (cited with §§577, 936); 133
C. 489, 496, 65 P. 1044 (cited); 134 C. 60, 62, 66 P. 75 (applied);
134 C. 99, 101, 66 P. 186 (applied); 134 C. 394, 396, 398, 66 P.
571 (applied); 135 C. 302, 305, 67 P. 766 (construed with §1911);
138 C. 455, 459, 71 P. 504, 703 (cited); 138 C. 716, 722, 72 P. 349
(construed as not applying); 139 C. 94, 72 P. 713 (applied); 139
C. 285, 296, 73 P. 858 (applied); 144 C. 91, 93, 77 P. 765 (applied);

145 C. 578, 582, 79 P. 278 (subd. 2 construed); 146 C. 398. 402,
81 P. 542 (cited with §1911); 149 C. 50, 57, 85 P. 122 (applied
with §1911 in action to quiet title to mining claim); 151 C. 118,
123, 90 P. 521 (cited); 151 C. 509, 514, 91 P. 324 (effect of decree
quieting title); 2 C. A. 733, 736, 84 P. 238 (agent as well as
principal is bound by judgment); 4 C. A. 333, 340, 87 P. 1107
(effect of judgment, in action for diversion of water, uncertain
as to amount); 4 C. A. 752, 760, 89 P. 621 (one having notice of
pendency of action is bound by judgment); 5 C. A. 236, 239. 89 P.
1073, 1074 (former judgment against corporation, when not a bar
to action on behalf of directors); 7 C. A. 443, 94 P. 874. 875 (one
having constructive notice of pendency of action is bound by
judgment therein); 19 P. 340 (applied to partition of land,
where state and federal court have concurrent jurisdiction).

As to collateral attack upon foreign judgments, see 3 A. S.
117.

As to conclusiveness of judgments, see 48 A. D. 774: 78 A. D.
760; 96 A. D. 758-788; 2 A. S. 876-878; 15 A. S. 142-144.

Same — Upon collateral attack. — See 94 A. D. 762-770; 15 A. S.
143: 23 A. S. 104-119.

1402



ch.lll.art.TI.] effect of .it^doment. s 1909

As to effect of appeal on judgment as an estoppel, see HT
A. S. 29-32.

As to effect of judKuients, in g-en.Tal, scr II A. I). (;S2: .'i:;
A. J). 355; 15 A. S. 142-144.

As to foreign judgments — Authentication of see 82 A. D. 111-
414.

Same — Effect of. — See 1 A. D. 324-326; 14 A. S. 351: 15 A. S.
212-221; 23 A. S. 117.

As to judgments in general, see Kerr's Cyc. C. C. P. §S 577 et
seq. and notes.

As to judgment in partition, see Kerr's Cyc. C. C. P. § 7(iG and
note.

As to judgments in rem, what are, see 75 A. D. 720-725.

As to jurisdiction of collateral attack, see Kerr's Cyc. C. C. P.
§ 1917 and note.

As to jurisdiction sufficient to sustain record, see Kerr's C.vc.
C. C. P. § 1917 and note.

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

As to matters directly adjudged, see Kerr's Cyc. C. C. P. S 1911
and note. •

As to parties, when deemed the same, see Kerr's Cyc. C. C. P.
§ 1910 and note.

As to partition, upon whom binding and conclusive, see Kerr's
Cyc. C. C. P. § 766 and note.

As to probate and administration, etc., see Kerr's Cyc. C. C.
P. § 1912 and note.

As to res adjudicata in general, see 25 A. D. 542-544; 95 A. D.
51-76; 96 A. D. 775-778; 8 A. S. 229; 14 A. S. 250-252; 15 A. S. 142;
44 A. S. 563-568.

As to surety being bound by record, see post § 1912.

As to validity of judgment founded oi\ service by publication,
see Kerr's Cyc. C. C. P. §412 and note.

As to who are concluded by judgments, see 73 A. I). 217; 1 .'i
A. S. 142.

Same — And as to what facts, see 73 A. D. 217-218.

S 19()9. EFFECT OF OTHER JUDICIAL ORDEKS, >VHE\
('()\CLl .SIVE. Other judicial orders of a court or judge of
this state, or of the United States, create a disputable pre-
sumption, according to the matter directly determined, be-
tween the same parties and their representatives and suc-
cessors in interest by title subsequent to the commencement
of the action or special proceeding, litigating for the same
thing under the same title and in the same capacity.

HiNtory: Enacted Marcli 11, 1872.
1403



S§ 1910, 1911 CODE OP CIVIL PROCEDTTRK. [Pt.IV,Tit.II.

See Kerr's Cyc. C. C. P. for 2 pars, annotation.

56 C. 598, 599 (erroneously cited for §1089); 63 C. 564, 567
(cited with §1908 ante, §§1911, 1912); 121 C. 55, 53 P. 421 (ap-
plied without citation); 134 C. 394, 396, 66 P. 571, 86 A. S. 286
(cited); 133 C. 55, 63, 65 P. 139 (applied).

As to disputable presunnptions, see Kerr's Cyc. C. C. P. § 1963
and note.

As to how far judgment In ejectment in favor of tenant may
be vised for landlord, and when, see Kerr's Cyc. C. C. P. § 19(JS



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