Fresno Milling Co. v. Fresno Canal & Irrigation Co.

This appeal is taken from the judgment and order denying a motion for a new trial. Upon the rendition of the judgment the trial court filed the following opinion regarding the questions involved in the litigation. It is lucid and convincing, and we are satisfied with the views there expressed:

*599 In addition to an answer upon the merits, defendant pleaded in bar a judgment rendered in an action entitled ‘‘ City of Fresno v. The Fresno- Milling Company and the Fresno Canal & Irrigation Company.” When the judgment-roll in that case was offered in evidence, objection was made that it was not a final judgment, the time for appeal not having expired, and the motion for a new trial being then pending. We think the action of the court in overruling the objection error. A judgment, in order to be successfully pleaded in bar, must be a final judgment; not alone final as to the court which rendered it, but final as to the subject matter. We had occasion to discuss this question in Re Blythe’s Estate (decision filed August 31, 1893), 99 Cal. 472 , 34 Pac. 108 , and are well satisfied with the rule of law there declared. The soundness of the doctrine finds no better illustration than is…