Page:United States Statutes at Large Volume 76A.djvu/502

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–406–

-406§ 3164. Subscribing witness defined A subscribing witness is one who sees a writing executed or hears ii acknowledged, and at the request of the party thereupon signs his name as a witness. § 3165. Writings called for and inspected may be withheld Where a writing is called for by one party and produced by the other, and is thereupon inspected by the party calling for it, he is not olsliged to produce it as evidence in the case. § 3166. Proof of private writings Every private writing, except last wills and testaments, may be acknowledged or proved and certified in the manner provided by chapter 27 of Title 4, and the certificate of acknowledgment or proof is l^rima facie evidence of the execution of the writing, in the same manner as if it were a conveyance of real property. Subchapter V—Effect of Judgments § 3191. Effect of judgments generally The effect of a judgment or final order in an action or special proceeding before a court or judge of the Canal Zone, is as follows: (1) I n 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 upon 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, if they have notice, actual or constructive, of the pendency of the action or proceeding. .,^ ^ § 3192. Effect of other judicial orders Other judicial orders of a court or judge of the Canal Zone, 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. § 3193. Parties; when deemed to be the same 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 oetween them alone, though other parties were joined with both or either. § 3194. Matters deemed adjudged in judgment 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. § 3195. Principal bound when surety bound Whenever, pursuant to sections 3191-3194 of this title, a party is bound by a record, and the 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.