LEGAL PRINCIPLE: CIVIL PROCEDURE – Estoppel – Party Voluntarily Substituted Cannot Deny Proper Parties
PRINCIPLE STATEMENT
It is an act of deceit to approbate and reprobate; having voluntarily sought to be substituted for the deceased sole defendant, contested the action and failed, they cannot be heard to say that the proper parties were not before the court; they are bound by the decision and are estopped from denying the effect of the judgment.
RATIO DECIDENDI (SOURCE)
"It is an act of deceit for the respondent to approbate and reprobate. Having voluntarily sought to be substituted for the deceased sole defendant, contested the action and failed, they cannot be heard to say that the proper parties were not before the court. They are bound by the decision and are estopped from denying the effect of the judgment."
EXPLANATION / SCOPE
The doctrine against approbating and reprobating (blowing hot and cold) prevents parties from: accepting benefits of a position then later denying that position’s validity. Here, parties who: voluntarily sought substitution for deceased defendant, participated in proceedings as proper parties, contested the action on merits, then after losing claimed they weren’t proper parties—are estopped. They cannot: benefit from participating as parties while denying party status to escape unfavorable judgment. Estoppel operates because: their conduct (seeking substitution, contesting) represented they were proper parties; plaintiff relied on this by proceeding against them; allowing repudiation would be unjust and deceitful. The parties are bound by: the judgment entered against them, and their own conduct establishing them as proper parties. This prevents: tactical position-shifting after adverse results, abuse of process through inconsistent positions, and prejudice to opponents who relied on the representation. The principle enforces consistency and prevents litigation gamesmanship.