 In considering the operation of this judgment, it should be borne in mind, as stated by counsel, that there is a difference between the effect of a judgment as a bar or estoppel against the prosecution of a second action upon the same claim or demand,...  American Law and Procedure - Page 325edited by - 1910Full view - About this book
 | United States. Patent Office - Copyright - 1915 - 450 pages
...second action upon tbe same claim or demand and its effect as an estoppel in an action between tbe same parties upon a different claim or cause of action. In the latter case, the demand in the prior action operates as an estoppel only as to those matters in issue... | |
 | Law - 1897 - 1116 pages
...There Is a difference between the effect of a judgment as a bar or estoppel against the prosecution ot a second action upon the same claim or demand, and its effect as an estoppel In another action upon a different claim or cause of action. In the Cornier case a Judgment on the merits constitutes... | |
 | William Wait - Actions and defenses - 1879 - 1002 pages
...Smith, 7 Jones & Sp. (NY) 452 ; Hatch v. Garza, 22 Tex. 176. The 'difference between the effect of a judgment as a bar or estoppel against the prosecution...parties upon a different claim or cause of action is, that the judgment, if rendered upon the merits, constitutes an absolute bar to a subsequent action... | |
 | Law reports, digests, etc - 1882 - 1904 pages
...on page 352 of the opinion of the court, it is said: " There is a difference between the effect of a judgment as a bar or estoppel against the prosecution...another action between the same parties upon a different cause of action. * * * The language, therefore, which is so often used, that a judgment estops, not... | |
 | Law reports, digests, etc - 1886 - 1942 pages
...counsel, that there is a difference between the effect of a judgment as a bar or estoppel :ig;iinst the prosecution of a second action upon the same claim or demand, and its elTect as an estoppel in another action between the same parties upon a different claim or cause of... | |
 | Law reports, digests, etc - 1906 - 1052 pages
...is well settled that a decree or judgment in a. suit between certain parties is a bar or estoppel to the prosecution of a second action upon the same claim or demand between the same parties, or their privies, if rendered upon the merits. If not rendered on the merits,... | |
 | Law reports, digests, etc - 1888 - 1462 pages
...are attached? In Cromwell v. County of Sac, 94 US 351, we drew a distinction between the effect of a judgment as a bar or estoppel against the prosecution...between the same parties upon a different claim or demand. In the latter case, which is the one now before us, we held, following numerous decisions to... | |
 | Law reports, digests, etc - 1920 - 1058 pages
...such fact does not appear from the record. There is a recognized difference between the effect of a judgment as a bar or estoppel against the prosecution...cause of action. In the former case, the Judgment Is a bar, not only as to matters offered and received to sus184 P.-25 tain or defeat the claim or demand,... | |
 | Law reports, digests, etc - 1895 - 1140 pages
...v. County of Sac, 94 US 351, Mr. Justice Field, commenting upon tho effect of a judgment as a liar or estoppel against the prosecution of a second action upon the- same claim or demand, said: "It is a finality as to the claim or demand in controversy, concluding parties, and those in... | |
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