Olsen v. Hagan
Olsen v. Hagan
Opinion of the Court
During 1916, the appellant presented a claim in excess of sixteen thousand dollars to the executors of the last will of Marion C. Wharton. This claim was rejected and appellant sued thereon; and after trial on the merits, the court dismissed the case. From that judgment, appellant appealed to this court, where the judgment of the lower court was reversed and it was directed that judgment in the sum of ten
The briefs undertake to argue quite extensively the merits of the question as to whether interest should be allowed, and, if so, from what date; but we do not find it necessary to discuss this question. It is perfectly plain to us that the question which the appellant now raises was decided by this court in the previous appeal. If the appellant had not in that case, by motion or petition, sought to have the court pass expressly on the question of interest, the original opinion of the court directing judgment in the sum of ten thousand dollars would have been res judicata of the question of interest. German-American State Bank v. Sullivan, 50 Wash. 42, 96 Pac. 522.
If such would have been the effect of the original judgment, certainly the denying of the appellant’s mo
We hold that this court, in the other appeal, expressly decided the question involved here, and that the judgment must be affirmed.
Holcomb, C. J., Parker, Fullerton, and Mount, JJ., concur.
Reference
- Full Case Name
- O. C. Olsen v. William H. Hagan, as Executors etc.
- Status
- Published
- Syllabus
- Judgment (222, 231)—Conclusiveness—Matters Litigated—Inferences as to Interest. A decision on a former appeal, directing judgment upon a claim against an estate in a specified sum, followed by the denial of a petition to direct the remittitur to specify the date from which interest should run, is a direct adjudication and res adjudicata to the effect that interest is to run from the date of the judgment only.