 | United States. Supreme Court - Courts - 1953 - 874 pages
...In a subsequent action between the same parties on a different claim, a judgment is conclusive only as to the point or question actually litigated and determined in the original action, not as to what might have been litigated and determined. Pp. 504-505. (b) The decisions entered by the... | |
 | 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
...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 must always be to the point or question actually litigated and determined in the original action, not what might have... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1894 - 722 pages
...finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters...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 - 1914 - 768 pages
...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...have been thus litigated and determined. Only upon such matters is the judgment conclusive iu another action. Scliilstrn v. Van Den Henvel. 82 Eg. The... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1898 - 924 pages
...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.... | |
 | United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1959 - 820 pages
...finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters...have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action." See also Southern Pacifi•c RR Co. v.... | |
 | United States. Court of Claims - Law reports, digests, etc - 1940 - 760 pages
...finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a 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 be as to the point or question... | |
 | United States. Patent Office - Copyright - 1931 - 660 pages
...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...have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action. See also Nesbit v. Riverside Independent... | |
 | Robert Dewey Benedict, Benjamin Lincoln Benedict - Law reports, digests, etc - 1882 - 776 pages
...(Cromwell v. County of Sac, 94 U. 8. 352) : " In all cases where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters...question actually litigated and determined in the former action, not what might have been thus litigated and determined." While it is true that the claim... | |
 | William A. Shinn - Bankruptcy - 1879 - 636 pages
...(Cromwell v. County of Sac, 94 US, 352) : " In all cases where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters...question actually litigated and determined in the former action, not what might have been thus litigated and determined." While it is true the claim... | |
| |
... the inquiry must always be as to the point or question actually litigated and determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action. 
