 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 Supreme Court Reporter - Page 601899Full view - About this book
 | United States. Supreme Court - Courts - 1953 - 874 pages
..."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...determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause... | |
 | 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...determination of which the finding or verdict was. rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment upon one cause of action... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1914 - 768 pages
...or demand, but as to any other admissible matter which might have been offered for that purpose. But where the second action between the same parties is...determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1894 - 722 pages
...* * 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...determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause... | |
 | United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1959 - 820 pages
...demand, but as to any other admissible matter which might have been offered for that purpose * * *. "But where the second action between the same parties is...determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause... | |
 | 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
...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, which was an action against a county in Iowa upon certain interest coupons originally... | |
 | William Wait - Actions and defenses - 1879 - 1002 pages
...Bates v. Spooner, 45 Ind. 489. But, as respects an action afterward brought between the same parties, upon a different claim or demand, the judgment in...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. ยง 3. What judgments... | |
 | Law reports, digests, etc - 1888 - 1906 pages
...in the pleading, or the jurisdiction of the court; * * * and on the previous page the court say that the judgment in the prior action operates as an estoppel...determination of which the finding or verdict was rendered. The supreme court of Alabama, in the case of Hanchey v. Coskrey, 81 Ala. 150, 1 South. Rep. 259, Judge... | |
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