 | 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... | |
 | South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - Law reports, digests, etc - 1920 - 648 pages
...between the effect of a judgment as a bar or estoppel against the prosecution of a second action brought upon the same claim or demand, and its effect as an...parties upon a different claim or cause of action: 15 R. CL 95 1-962 ; 77 SC 493. // different evidence would be required, a judgment in one case is no... | |
 | 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
...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 of a second action...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
...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 of a second action...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
...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 of a second action...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 - 1056 pages
...appear from the record. There is a recognized difference between the effect of a judgment as a bar or estoppel against the prosecution of a second action...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 - 1906 - 1164 pages
...effect of a judgment, as a bar or estoppel against the prosecution of a second action for the samo claim or demand, and Its effect as an estoppel in...parties upon a different claim or cause of action. Is this : In the former, the judgment, if rendered upon the merits, constitutes an absolute bar to... | |
| |
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 64 Opinion of the Court. or estoppel against the prosecution of a second action upon... 
