The general principle announced in numerous cases is that a right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot be disputed in a subsequent suit between the same... The Pacific Reporter - Page 2271912Full view - About this book
| United States. Supreme Court - Law reports, digests, etc - 1912 - 840 pages
...Mr. Justice Harlan, speaking for this court in Southern Pacific R. Co. v. United States, 168 US 1,48: "That a right, question or fact distinctly put in...subsequent suit between the same parties or their privies." Sound reason, as we think, constrains us to deny to a certificate of naturalization, procured ex parte... | |
| Law - 1920 - 496 pages
...Lindsay-Strathmore Irr. Dlst. v. Superior Court of Tulare County, Cal., 187 Pac. 1056. 54. Res Judicata. — A fact distinctly put In issue and directly determined...disputed in a subsequent suit between the same parties, even if the second suit is for a different cause of action. — Lyons v. Empire Fuel Co., MSCCA, 262... | |
| Law reports, digests, etc - 1900 - 2044 pages
...UB, 168 US 1-48, 18 Snp. Ct. 27, it is said that: "The general principle announced In numerous eases Is that a right, question, or fact distinctly put...ground of recovery, cannot be disputed In a subsequent salt between the same parties or their privies: and, even if the second suit le for a different cause... | |
| Law reports, digests, etc - 1917 - 2042 pages
...reference to which the adjudications in both extend, rrom this has arisen the rule of the Supreme Court that: "A right, question or fact, distinctly put In...competent jurisdiction, as a ground of recovery, cannot tie disputed in a subsequent suit between the same parties or their privies ; and even if the second... | |
| Law reports, digests, etc - 1904 - 906 pages
...subject of res judioata are reviewed by Mr. Justice Harían, and the general doctrine thus stated: "A right, question, or fact distinctly put in issue...disputed in a subsequent suit between the same parties or fheir privies; and even if the second suit is for 'a different cause of action, the right, question,... | |
| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1912 - 838 pages
...Mr. Justice Harlan, speaking for this court in Southern Pacific R. Co. v. United States, 168 US 1,48: "That a right, question or fact distinctly put in...disputed in a subsequent suit between the same parties or then- privies." Sound reason, as we think, constrains us to deny to a certificate of naturalization,... | |
| Law reports, digests, etc - 1907 - 1350 pages
...former action adversely to the plaintiff's contention In this ease, and therefore barred a recovery. "A right, question, or fact distinctly put in Issue,...jurisdiction as a ground of recovery, cannot be disputed lu a subsequent suit between the same parties or their privies; and, even if the second suit is for... | |
| Law reports, digests, etc - 1909 - 1320 pages
...JUDICATA— MATTEBS IN ISSUE. A matter distinctly put in issue and directly determined by a court o£ competent jurisdiction as a ground of recovery cannot...subsequent suit between the same parties or their privies, even if the second suit is for a different cause of action. [Ed. Note.— For other cases, see Judgment,... | |
| Law reports, digests, etc - 1921 - 1204 pages
...disputed In subsequent suit between same parties or their privies. Under the rule of res judicata, a right, question, or fact, distinctly, put in issue...directly determined by a court of competent jurisdiction, cannot be disputed in a subsequent suit between the same parties or their privies, and even if the... | |
| Arkansas. Supreme Court - Law reports, digests, etc - 1916 - 638 pages
...by it. So it will be seen that the legality of the organization of McRae Special School District was distinctly put in issue and directly determined by a court of competent jurisdiction in the suit instituted by the Attorney General against the parties claiming to be directors of McEae... | |
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