 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...  Patent and Trade Mark Review - Page 2381922Full view - About this book
 | United States. Supreme Court - Law reports, digests, etc - 1953
..."Assessment to be abated $2,188.12" US v. INTERNATIONAL BUILDING CO. 505 502 Opinion of the Court. judgment in the prior action operates as an estoppel...what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action." And see Tait v. Western Md. R.Ło.,... | |
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell, Thomas Bell Monroe, John James Marshall, James Greene Dana, Benjamin Monroe, James P. Metcalfe, Alvin Duvall, William Pope Duvall Bush, John Rodman, Edward Warren Hines, Charles Cyrus Turner, Thomas Lewis Edelen, Thomas Robert McBeath, Robert G. Higdon, T. M. Jones, Amos Hall Eblen - Law reports, digests, etc - 1912
...action to matters arising upon a suit upon a different cause of action, the inquiry must always be to the point or question actually litigated and determined...what might have been thus litigated and determined. Only upon such matters is a judgment conclusive in another action (Black on Judgments, Vol. 2, Section... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1894
...* * But where the seoond action is upon a different claim or demand, but between the same parties, the judgment in the prior action operates as an estoppel...what might have been thus litigated and determined, for it is only upon such matters as were actually litigated and determined that the judgment is conclusive."... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1898
...rendered. In all cases, therefore, when it is sought to apply the estoppel of a judgment in one case to matters arising in a suit upon a different cause...determined in the original action, not what might have been litigated or determined." In accordance with this view, it had been held in Steam Packet Company v.... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1914
...is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising upon a different cause of action, the inquiry must...what might have been thus litigated and determined. Only upon such matters is the judgment conclusive iu another action. Scliilstrn v. Van Den Henvel.... | |
 | United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1959
...an absolute bar to a subsequent action. It is a finality as to the claim or demand in controversy, concluding parties and those in privity with them,...what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action." See also Southern Pacifi•c... | |
 | United States. Court of Claims - Law reports, digests, etc - 1940
...judgment rendered upon one cause of action to matters arising in a suit upon a Opinion of the Court different cause of action, the inquiry must always...what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action. The difference in the operation... | |
 | United States. Patent Office - Copyright - 1931
...therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action as to matters arising In a suit upon a different cause...what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action. See also Nesbit v. Riverside Independent... | |
 | Law reports, digests, etc - 1886
...is upon a different claim or demand, the judgment in the prior action operates as an estoppel only to those matters in issue or points controverted upon...what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action. * * * It is not believed that... | |
 | Law reports, digests, etc - 1919
...therefore, where it Is sought to apply the estoppel of a Judgment rendered upon one cause of notion to matters arising in a suit upon a different cause...what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action." See McNamara v. Home Land & Cattle... | |
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