The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-03-23

We heard the appeal ON this de
cree, ON the nth December last.
1t was urged before us by Air.
Hatch for the complainant that the
decree OF this Court on the 2lat Sep
TENDER, 1898, settles the entire quest
ION or liability between the parties
down 10 that date.
We are OF opinion that this con
tention IL sound. The decree found
that there was no liability on the
| part OF the complainant 10 account
Tor ITS use OF the common property.
1t was open 10 the respondent 10 ask
on the original bill that the account
cover the whole period up 10 the
/ date OF the decree and to urge then
that the effect of the litigation OF
I June, 1871, IN both actions was 20 ea-
| tabllsh that there WAS an custer and
/ that complainant's holding there,
after WAS adverse. If a liability TO
account at all had been found it
would cover the period 10 the date of
the decree. The decree il binding
as TO all matters presented aud as TO
all matters which should have been
Irrigated.
Ia Robinson V. Bland, 2 Burrows
lOS6, Lord Mansfield said: "In a
writ OF account, the first Judgment is
gH0d eompHtet; and on such account,
all articles of account, though incurr-
eel since the writ, shall be included,
and the whole brought dozen 20 tie
time when the auditors make an end
OF their account" ION the statute
or GlOceSter, 8 Ed. whereby dam
writ OF entry to recover the specific
landsl that statute gives damages
generally, without saying ttH what
time; yet the construction upon it
has been that they shall compute aH
the damages that have arisen peadeate
trect. (pending the WRIT
This doctrine Is generally adopted.
In Couscher V. Tulam, Wash. e.
G. Repts., 442, it was held that sin
an action OF account on a reference TO
auditors, under the Judgment quot
comPutst, al articles of account be-
tween the parties incurred since the
commencement 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 Dist Sep
TENDER, 1898, was conclusive of all
matters OF liability in respect to the
common property up to its date. 1t
was final not only as to the matters
actually determined, but as to every
other matter which the parties might
litigste IN the cause, and which they
might have had decided" Herman
on Estoppel and res judicatG, Sec. 122.
"A decree IN Chancery, like a judg
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 adjudicated" ] Black. Judgts |
Sec SIT.
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 of opinion that the motion
for al accounting since 18th June,
1891, Is res GdjUdjcatG. 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 10Th 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
n accordance with these views will
De signed.
f. NJ Hatch for complainant; A
J. Hartwell and T.. w Ashford for
Honolulu, H l. March IL, 1894.