Bandall

The opinions delivered upon a former appeal herein (see 79 Cal. 115 ) contain a sufficient statement of the nature of the controversy. The facts of the case of Duff v. Duff—which is inseparably connected with this case—will be found fully set out in an opinion just filed disposing of the third appeal in that case (see ante, p. 1), and in the reports of the two former appeals ( 71 Cal. 513 , and 87 Cal. 104 ).

By our former judgment herein the cause was remanded for a new trial, which has been had, resulting in a judgment for the defendants, from which the plaintiff appeals.

The last trial took place subsequent to the affirmance by this court of the judgment and orders under review ou the second appeal of Duff v. Duff ( 87 Cal. 104 ), and the principal errors assigned by the plaintiff in support of his present appeal are based upon the several rulings of the superior court, to the effect that the judgment and findings given and made on the second trial of Duff v. Duff , and affirmed here, as above stated, were admissible in evidence and conclusive against him.

It is contented that these rulings were erroneous, *84 because this plaintiff was not a party, and is not in priyity…