The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-03-23

we ICnA "a TUE dRHtdl Oh bAAo nc
cree, on the 11th December last.
1t was urged before us by MIR.
Hatch for the complainant that the
decree of this Court on the 2lst Sep
TENDER, 1898, settles the entire quest
ion of liability between the parties
down to that date.
We are of opinion that this con-
tention is sound. The decree found
that there was no liability on the
part of the complainant to account
for Its use OF the common property.
1t was open to the respondent to ask
on the original bill that the account
cover the whole period up to the
date of the decree and to urge then
that the effect of the litigation OF
June. 1891, in both actions was to es.
tablish that there was an custer and
that complaiusnt's holding there
after was adverse. If liability to
account at all had been found II
would cover the period to the date OF
the decree. The decree is binding
as to all matters presented and as to
all matters which should have been
Irrigated.
In Robinson V. Bland, 2 Burrows
1855, Lord Mansfield said: In q
writ of account. the first judgment is
guod compute; and on such account,
all articles of account, though incurr-
ed since the writ, shall be included,
and the whole brought dorn 10 TIE
time when the auditors make an end
of their account" "On the statute
of Glocester. 6 Ed. l whereby dam
ages are given IN real actions, on a
writ of entry to recover the specific
landsl that statute gives damages
generally, without saying I'll what
time: yet the construction upon it
has been that they shall compute al
the damages that have arisen pend<Hte
5reri." pending the WRIT
This doctrine is generally adopted.
In Couscher '. Tulam, Wash. G.
c. Repts.. 442, it was held that in
an action of account on reference 70
auditors, under the Judgment qgod
compUss:. all articles of account be
tween the parties incurred since the
of the suit, are to be
included by the auditors and the
whole transactions between them
are to be brought down to the time
when they make an end Of the
account"
The respondent had an opport-
unity to present the claim now urged
when the case was before the Court.
The decree made on the 2lst Sep
TENDER, 1898, was conclusive of ali
matters OF liability in respect to the
common property up TO its date 1t
WAS final not only as to the matters
determined. but as to every
other matter which the parties might
lltigste in the cause, and which they
might have had decided" Herman
on Estoppel and res jUdicdtd. Sec. 122.
"A decree in Chsncery, like a iudg
ment at law, when rendered on the
merits, is final and conclusive upon
the parties, not only as to the TACT or
issues actually decided, but as to all
points necessarily involved in the
matter adjudioGted." Black. Judgts.
Sec. ST.
To allow an accounting for
period between the filing of these
suits and the date of the decree
would contradict the decree itself,
which found no liability covering
the same period.
We are otop;nlon that the motion
for an accounting since 18th June,
1891, Is res Gdjgd5o1td For the same
reason We think it was erroneous for
the Chief Justice to order an account
for the use Of any land taken poss-
ession OF by the complainant between
The 18th June, 1891 and the date of
he decree. The matter was also
for the respondent to
nave urged in the original cause.
The motion is overruled and decree
u accordance with these views will
,e signed.
F. II. Hatch for complainant; A.
). Hsrtwell and Z. W. Ashford for
Honolulu, b. l. March Is, 1894
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