Page:Federal Reporter, 1st Series, Volume 9.djvu/854

 THE TUBAL GAIN. 839 �premature, or upon any other matter not touching the merita of the plaintift's (iemand, can only be couclusive for its own purpose ; it cannot bar another action.{e) The judgment will, as bas just been intimated, be conclusive of the point decided in it, and that, too, not only in another action upon the same demaud, but in any other action which may afterwards be brouglit betweeu the parties or their privies ; but that is the extent of its conclusiveness. �VoiDABLE JuDGMENTS. Again, the judgment must have been valid.(/) If void, it can have no eftect.{i;) Ilowever, it matters not that it is merely voidable as for error of law(ft) or of faci. A voidable judgment is as binding in collateral actions as one free from error. �Parties and; PhivIes. On the other hand, judgments in personam con- clude only the actual parties ta the litigation, and those who claim under thein.(i) By parties are to be uuderstood all who have a right to control the proccedings, to make defence, to produce and to cross-examine witnesses, and to appeal.y) This will include not only the parties whose names appear in the writ, but all persons who, being liable over to reimburse the defendant, are duly notified by him to appear and defend the suit.(fe) It bas sometimes been thought, also, that witnesses who appear in the cause and fail to set up any rights which they may have iu the eveht of the suit or in the subject of it will be bound by the judgment ;(Z) but the better opinion is opposed to this posi- tion. (m) Besides, to be a party, one must act openly as such. To secretly employ counsel and to appear as a witness will not give one the rights of a party at all events.(«) In certain exceptional cases judgments in personam conclude 8trangers.(o) The effect of a judgment against married womeii aud infants has been the subject of much conflict of authority. We cite some of the cases. (p) �What Jtjdgment Establishes. Further, a judgment is conclusive, not only of the facts expressly decided by it, so far as they are material, but also of all facts and inferences necessary to it.(q) But this is the extent of its con- clusiveness. It is conclusive only of facts without the existence and proof of �(,c)Pltelps V. HarrU, 101 U. S. 370; Clark v. Young, 1 Cranch, 181; Birclt T. Funk, 2 Metc. (Ky.) 644; Stevena t. Dunbar, 1 Blackf. 66; Grijfln T. Seymour, 15 lowa, 30. (^f^Wtxom-v. SuplKTU, 17Mich. 618; Quceny. Hutchina, 6 (i. B. D. 300j S. C. 5 Q. B. D. 363. �(h)Lawrenet V. Milwaukee, 45 Wis. 306; Caae v. Beauregard, 101 U. S. 688. �ifjSprlngport V. Teutonia Bank, 75 N. Y 397 j Raymond T. Rlchm'jni, 78 N. Y. 351 ; Ooodman T. Nihlack, lOa U.S. 556,562; Davis Machins Co. V. Barnard, 43 Mich. 379; MfDonald V. Gregary, 41 lowa, 513; Hine v. K. ti D. M. R. Co. 42 lowa, 636. �(/)1 Greenl. Ev. S 535. �(,k)Savetand v. Green, 36 Wl3 612; Talmtint T. Mahoney, 37 Cal. 339; Altarhul v.'Polack, 65Cal. 633; Carr T. United States, 98 U. S. 433. �(OBarney v. Dewey, 13 Jobns. 224 �(m) Yorkt V. Steele, 60 Barb. 397; Wright T. Andrews, 130 Mass. 149; Blackwood v. Brown, 32 Micli. 104 ; Schroeder v. Lahrman, 26 Mlun. 87., �^n)Schroeder V. Lahrman, supra. �(o)See Bigelow, Estoppel, 101-103, (3il Ed.) �(p)td. 61-63. Coacernlng married women ; GrIfflihv.Clarke, 18 Md.ioT; Mortev.Toppan,3QTay, 411 ; Barie y. HUl, 55 Ind. 419 ; Hartman v. Ogborn, 54 Pa. St. 120 ; GraJiatn v. Long, 65 Pa. St. 383 ; Van Metre T. Woff, 27 lowa, 341 ; Gamteita V. Brock, 41 Cal. 78. Ooncerning infants : Waring v. Rey. nolds, 3 B. Mon. 69; Blake v. Douglats, 27 Ind. 416; Marshall v. Fisher, 1 Jones, 111; WMtney v. Ptr~ ter, 23 ni. 445. �(,q)School Tfutteet y. Stocker, 42 N. J. 116; Tuska v. O^Brien, 68 N. Y. 446. ��� �