Lake

This is an application for a writ of prohibition to prevent the defendant from proceeding with the trial of the case of Lake v. Sterling Development Co. and others as to certain defendants, upon the ground that the court is precluded from trying the issues between plaintiff and such defendants by reason of a previous adjudication of those rights from which the defendants referred to failed to appeal. The other defendants took an appeal and on such appeal a judgment was rendered reversing the judgment. The question is as to the effect of the judgment of reversal upon the rights of the defendants who failed to take an appeal.

The order of the appellate court, “Judgment reversed,” taken literally, reversed the entire judgment and sent the case back for a new trial. (2 Hayne on New Trial and Appeal, sec. 299, subds. 2 and 4.) This the respondent claims is the effect of the judgment. The suit was one brought by Lake to quiet his title to certain land described in the complaint. The plaintiff’s title was based upon a school land certificate issued to one Brackett and referred to as the Brackett certificate, while the title claimed by all the defendants, who were tenants in common, was…