But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or... The Northeastern Reporter - Page 661887Full view - About this book
| Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1912 - 966 pages
...second action between the same parties is upon a different claim or demand, the judgment in the former action operates as an estoppel only as to those matters...where it is sought to apply the estoppel of a judgment upon one cause of action to matters arising upon a suit upon a different cause of action, the inquiry... | |
| New Jersey. Court of Chancery - Law reports, digests, etc - 1914 - 768 pages
...where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to...rendered upon one cause of action to matters arising upon a different cause of action, the inquiry must always be as to the point or question actually litigated... | |
| New Jersey. Court of Chancery - Law reports, digests, etc - 1898 - 924 pages
...the same cause, goes on to say : " When a second action is upon a different claim, the judgment in the prior action operates as an estoppel only as to those matters in issne or points controverted upon the determination of which the finding of the verdict was rendered.... | |
| Illinois. Supreme Court - Law reports, digests, etc - 1908 - 718 pages
...claim or cause of action in this suit, there is no question that the former judgment is an estoppel as to those matters in issue or points controverted upon the determination of which the decree was rendered. Cromwell v. County of Sac, 94 US 351 ; Equitable Trust Co. v. Fisher, 106 111.... | |
| United States. Court of Claims - Law reports, digests, etc - 1940 - 760 pages
...where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to...cause of action to matters arising in a suit upon a Opinion of the Court different cause of action, the inquiry must always be as to the point or question... | |
| United States. Court of Claims - Law reports, digests, etc - 1939 - 836 pages
...where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted." Opinion of the Court It is true that the validity of the patent was settled by the former suit, and,... | |
| United States. Patent Office - Copyright - 1931 - 660 pages
...where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to...estoppel of a judgment rendered upon one cause of action as to matters arising In a suit upon a different cause of action, the inquiry must always be as to... | |
| United States. Patent Office - Copyright - 1964 - 972 pages
...based on facts not of record before us and as such to remove the element of conjecture from the case. those matters In issue or points controverted, upon...determination of which the finding or verdict was rendered." Cromwell v. County of Sac, supra, 853. And see Russell v. Place, 94 US 606; Southern Pacific R. Co.... | |
| Law - 1877 - 558 pages
...where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or pointa controverted, upon the determination of which the finding or verdict was rendered. In this case,... | |
| William Wait - Actions and defenses - 1879 - 1002 pages
...action afterward brought between the same parties, upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to...determination of which the finding or verdict was rendered. Cromwell v. County of Sac, 94 US (4 Otto) 351. See antt, p. 679, tit. Estoppel. § 3. What judgments... | |
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