State, or of the United States, having jurisdiction to pronounce the judgment or order, is as follows:

1. In case of a judgment or order against a specific thing, or in respect to the probate of a will, or the administration of the estate of a decedent, or in respect to the personal, political, or legal condition or relation of a particular person, the judgment or order is conclusive upou the title to the thing, the will, or administration, or the condition or relation of the person;

2. In other cases, the judgment or order is, in respect to the matter directly adjudged, conclusive between the parties and their successors in interest by title subsequent to the commencement of the action or special proceeding, litigating for the same thing under the same title and in the same capacity, provided they have notice actual or constructive, of the pendency of the action or proceeding. [In effect July 1st, 1874.]

ESTOPPEL BY RECORD.

Judgment-or order: Finality, defined, 33 Cal. 474: required, 24 Cal. 466; 37 Cal. 236: where action dismissed, 21 Cal. 164; where appeal taken, 13 Cal. 634: what not res adjudicata, 44 Cal. 635. Estoppel, generally, 31 Cal. 148; 32 Cal. 176; 36 Cal. 231; 37 Cal. 236: 51 Cal. 368: must be pleaded or proven, sec. 1963, subd. 6; 23 Cal. 354; 24 Cal. 78; 30 Cal. 630; 36 Cal. 626; 47 Cal. 21: waiver of, 42 Cal. 619: records of Board of Supervisors, 47 Cal. 47: in equity suit, 39 Cal. 482; 48 Cal. 386; dismissal by consent is bar, 47 Cal. 542.

Jurisdiction-generally, see sec. 33n, sec. 1917: impeaching judicial .record for want of, sec. 1916: presumed on collateral attack, sec. 412n; 5 Cal. 64; 7 Cal. 279; 12 Cal. 133, 275; 14 Cal. 668; 16 Cal. 72, 339; 23 Cal. 101; 24 Cal. 190; 33 Cal. 633; 34 Cal. 391, 615; 35 Cal. 528; 37 Cal. 458; 39 Cal. 439; 41 Cal. 82; 44 Cal. 623; 45 Cal. 455, 543; 46 Cal. 656; 49 Cal. 208, 233, 374; 50 Cal. 203; 51 Cal. 615; Linehan v. Hathaway, March 3d, 1880, 5 Pac. C. L. J. 90; but see 53 Cal. 635: otherwise of inferior Courts, 12 Cal. 286; 23 Cal. 404; 34 Cal. 326; but see 52 Cal. 171.

SUBDIVISION 1. Probate or administration-collateral attack on proceedings, 4 Cal. 313; 18 Cal. 480, 503; 20 Cal. 273; 28 Cal. 182; 33 Cal. 46: conclusiveness of proceedings, sec. 1333; 6 Cal. 669; 18 Cal. 430; 23 Cal. 363; 25 Cal. 223; 29 Cal. 521; 32 Cal. 120; 44 Cal. 370; 45 Cal. 95; 43 Cal. 366; 53 Cal. 680. Legal condition of person-insolvent, 34 Cal. 18; 40 Cal. 425: estoppel, by not making defense in ejectment, 43 Cal. 210. Title settled by judgment-ejectment in, 14 Cal. 468,545; 18 Cal. 111; 26 Cal. 126; 27 Cal. 168; 28 Cal. 156; 30 Cal. 309, 634; 32 Cal. 176; 37 Cal. 389; 41 Cal. 42; 45 Cal. 231, 593; 48 Cal. 601; 49 Cal. 325; 50 Cal. 171: forciblé entry and detainer, in, 23 Cal. 381; 30 Cal. 634: foreclosure of, 14 Cal. 634; 24 Cal. 603; 37 Cal. 236; and see 53 Cal. 557: generally, 31 Cal. 148; 32 Cal. 197; 37 Cal. 396; 36 Cál. 262, 586; 40 Cal. 282; 47 Cal. 461; 49 Cal. 525; 51 Cal. 505: land department of, see Mexican grant, and 52 Cal. 424: Mexican grant, as to, 14 Cal. 545; 27 Cal. 168; 32 Cal. 365; 33 Cal. 448; 49 Cal. 325, 473: partner, against, 49 Cal. 124: quieting title, 23 Cal. 409: replevin in, 10 Cal. 520: riparian rights, determining, 53 Cal. 469: subsequent title not affected, 26 Cal. 513; 32 Cal. 109; 35 Cal. 316: trespass by partners, 14 Cal. 223: trespass quare clausum fregit, 43 Cal. 65: where lis pendens filed, 23 Cal. 335; 28 Cal. 194.

SUBDIVISION 2. Matter directly adjudged-extent of estoppel on, definition, sec. 1911: demurrer, judgment on, 5 Cal. 430; 47 Cal. 32: gen

erally, 23 Cal. 373; 30 Cal. 309; 36 Cal. 231: issues tried, limit estoppel, 36 Cal. 28; 88 Cal. 647; merits not passed on, 25 Cal. 272; 43 Cal. 597; 45 Cal. 128: misjoinder, where, 27 Caf. 287: motion to set aside judgment, when no bar, 45 Cal. 617: questions involved, deterinine estoppel, 43 Cal. 311: recital in judgment, 44 Cal. 623: same cause of action, 42 Cal. 372; Ladd v. Durkin, March 18th, 1880, 5 Pac. C. L. J. 186; De La Guerra v. Newhall, May 15th, 1880, 5 Pac. C. L. J. 413: serious offense, effect of conviction of, 10 Cal. 391: stipulation, where, 43 Cal. 485; 45 Cal. 405: tenant, judgment against, when landlord not barred by, Altschul v. Doyle, etc., March 17th, 1880, 5 Pac. C. L. J. 136: verdict, estoppel by, 5 Cal. 81; 7 Cal. 252; 15 Cal. 145, 182, 425; 20 Cal. 448. 486: 41 Cal. 221; 44 Cal. 294. Parties and privies-sec. 1910: alone estopped, 9 Cal. 130; 14 Cal. 207; 23 Cal. 354; 30 Cal. 229; 40 Cal. 249: application to particular cases, 12 Cal. 140; 24 Cal. 502; 34 Cal. 62; 30 Cal. 224; 44 Cal. 45; 45 Cal. 439; 49 Cal. 386; 49 Cal. 213, 243; 50 Cal. 172, 655; 51 Cal, 478; Altschul v. Doyle, etc., March 17th, 1880,5 Pac. C. L. J. 136. Estoppels in various casescounter-claim barred by not pleading, sec. 439: fictitious name, where used, 50 Cal. 205,585: partition, conclusiveness of judgment in, sec. 766: 53 Cal. 362: Probate Court decree, see JUDGMENT, note supra, and Noe v. Splivalo, Feb. 26th, 1830; Reynolds v. Brumagim, March 4th, 1880, 5 Pac. C. L. J. 115: sureties, sec. 1912.

§ 1909. Other judicial orders of a court or judge of this State, or of the United States, create a disputable presumption, according to the matter directly determined, between the same parties and their representatives and successors in interest by title subsequent to the commencement of the action or special proceeding, litigating for the same thing under the same title and in the same capacity. Disputabio presumptions-see sec. 1963 and notes. Parties and privies-see sec. 1908, subd. 2n, sec. 1910.

§ 3.910. The parties are deemed to be the same when those between whom the evidence is offered were on opposite sides in the former case, and a judgment or other determination could in that case have been made between them alone, though other parties were joined with both or either.

Other parties-49 Cal. 213.

§ 1911. That only is deemed to have been adjudged in a former judgment which appears upon its face to have been so adjudged, or which was actually and necessarily included therein or necessary thereto.

See matter directly adjudged-note to sec. 1908, subd. 2.

§ 1912. Whenever, pursuant to the last four sections, a party is bound by a record, and such party stands in the relation of a surety for another, the latter is also bound from the time that he has notice of the action or proceeding, and an opportunity at the surety's request to join in the defense.

Suit by surety against principal-16 Cal. 69.

§ 1913. The effect of a judicial record of a sister State is the same in this State as in the State where it was made, except that it can only be enforced here by an action or special proceeding, and except, also, that the authority of a guardian or committee, or of an executor or administrator, does not extend beyond the jurisdiction of the government under which he was invested with his authority. Judgment obtained in another State-by publication of summons, 8 Cal. 449.

§ 1914. The effect of the judicial record of a court of admiralty of a foreign country is the same as if it were the record of a court of admiralty of the United States.

§ 1915. The effect of the judgment of any other tribunal of a foreign country having jurisdiction to pronounce the judgment, is as follows:

1. In case of a judgment against a specific thing, the judgment is conclusive upon the title to the thing;

2. In case of a judginent against a person, the judgment is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title, and can only be repelled by evidence of a want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact.

§ 1916. Any judicial record may be impeached by evidence of a want of jurisdiction in the court or judicial officer, of collusion between the parties, or of fraud in the party offering the record, in respect to the proceedings.

Judicial record, impeaching-not for error, 32 Cal. 176: by infant, 31 Cal. 273: by showing alteration, 50 Cal. 448: by collateral attack, 49 Cal. 208: for want of jurisdiction, see sec. 1917 and note; 7 Cal. 54, 443; 8 Cal. 562; 27 Cal. 300; 30 Cal. 439.

§ 1917. The jurisdiction sufficient to sustain a record is jurisdiction over the cause, over the parties, and over the thing, when a specific thing is the subject of the judg

ment.

Jurisdiction-generally, see note to sec. 33: also sec. 1908 and note: of defendant sued by fictitious name, 50 Cal. 203: of court not of record, ou collateral attack, 52 Cal. 171.

§ 1913. Other official documents may be proved as follows:

1. Acts of the executive of this State, by the records of the State Department of the State; and of the United States, by the records of the State Department of the United States, certified by the heads of those departments respectively. They may also be proved by public docu

ments printed by the order of the Legislature or Congress, or either house thereof;

2. The proceedings of the Legislature of this State or of Congress, by the journals of those bodies respectively, or either house thereof, or by published statutes or resolutions, or by copies certified by the clerk or printed by their order;

3. The acts of the executive, or the proceedings of the legislature of a sister State, in the same manner;

4. The acts of the executive, or the proceedings of the legislature of a foreign country, by journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in some public act of the executive of the United States;

5. Acts of a municipal corporation of this State, or of a board or department thereof, by a copy, certified by the legal keeper thereof, or by a printed book published by the authority of such corporation;

6. Documents of any other class in this State, by the original, or by a copy, certified by the legal keeper thereof;

7. Documents of any other class in a sister State, by the original, or by a copy, certified by the legal keeper thereof, together with the certificate of the secretary of state, judge of the supreme, superior, or county court, or mayor of a city of such State, that the copy is duly certified by the officer having the legal custody of the original;

8. Documents of any other class in a foreign country, by the original, or by a copy, certified by the legal keeper thereof, with a certificate, under seal of the country or sovereign, that the document is a valid and subsisting document of such country, and that the copy is duly certified by the officer having the legal custody of the original;

9. Documents in the departments of the United States government, by the certificate of the legal custodian thereof. [In effect July 1st, 1874.]

OFFICIAL DOCUMENTS.

SUBDIVISION 5. Municipal corporation-48 Cal. 143.

SUBDIVISION 6. Certified copy-of documents in this State: al calde grants, 21 Cal. 202: certificate, sec. 1923: street assessments, certificate to record, 44 Cal. 213: swamp land papers, 52 Cal. 171.

SUBDIVISION 7. Documents in another State-scope of term "sister State," sec. 1924: in land department of United States, 14 Cal 544; 18 Cal. 416; 19 Cal. 87; 40 Cal. 358.

§ 1919. A public record of a private writing may be proved by the original record, or by a copy thereof, certified by the legal keeper of the record.

Public record of a private writing -certified copy of: alcalde grants, 31 Cal. 500: deed, 49 Cal. 212: expediente of Mexican grant, 51 Cal. 500: patent, 50 Cal. 346: power of attorney, 51 Cal. 198: railroads, articles of consolidation, 50 Cal. 343.

§ 1920. Entries in public or other official books or records, made in the performance of his duty by a public officer of this State, or by another person in the performance of a duty specially enjoined by law, are prima facie evidence of the facts stated therein. [In effect July 1st, 1874.]

Official documents-proof of, sec. 1918.

Entries in performance of public duty-6 Cal. 674; 31 Cal. 140, 500; 35 Cal. 521: by officer or board of officers, etc., sec. 1926.

§ 1921. A transcript from the record or docket of a justice of the peace of a sister State, of a judgment rendered by him, of the proceedings in the action before the judgment, of the execution and return, if any, subscribed by the justice and verified in the manner prescribed in the next section, is admissible evidence of the facts stated therein.

§ 1922. There must be attached to the transcript a certificate of the justice that the transcript is in all respects correct, and that he had jurisdiction of the action, and also a further certificate of the clerk or prothonotary of the county in which the justice resided at the time of rendering the judgment, under the seal of the county, or the seal of the court of common pleas or county court thereof, certifying that the person subscribing the transcript was, at the date of the judgment, a justice of the peace in the county, and that the signature is genuine. Such judgment, proceedings, and jurisdiction may also be proved by the justice himself, on the production of his docket, or by a copy of the judgment, and his oral examination as a witness.

§ 1923. Whenever a copy of a writing is certified for the purpose of evidence, the certificate must state in substance that the copy is a correct copy of the original, or of a specified part thereof, as the case may be. The certificate must be under the official seal of the certifying officer, if there be any, or if he be the clerk of a court having a seal, under the seal of such court. [In effect July 1st, 1874.