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 different cause of action, the inquiry must always be as to the point or question actually litigated... The Federal Reporter - Page 3001889Full view - About this book
| 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
...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 been thus litigated and determined. Only upon such matters is a judgment conclusive in another action (Black... | |
| New Jersey. Court of Chancery - Law reports, digests, etc - 1898 - 924 pages
...of a judgment in one case to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question actually...original action, not what might have been litigated or determined." In accordance with this view, it had been held in Steam Packet Company v. Sickles,... | |
| New Jersey. Court of Chancery - Law reports, digests, etc - 1894 - 722 pages
...upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question actually...determined in the original action, not what might have been thus litigated and determined, for it is only upon such matters as were actually litigated and determined... | |
| New Jersey. Court of Chancery - Law reports, digests, etc - 1914 - 768 pages
...rendered upon one cause of action to matters arising upon a different cause of action, the inquiry must always be as to the point or question actually...in the original action — not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive iu another action.... | |
| United States. Court of Claims - Law reports, digests, etc - 1940 - 760 pages
...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. The difference in the operation of a judgment in the two classes of cases mentioned is seen through... | |
| Robert Dewey Benedict, Benjamin Lincoln Benedict - Law reports, digests, etc - 1882 - 776 pages
...upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or 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
...upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question actually litigated and determined in the former action, not what might have been thus litigated and determined." While it is true the claim... | |
| Law reports, digests, etc - 1889 - 1878 pages
...circumstances, be pleaded, or used, to bar or estop the complainants. The applicability of res adjudicate, as a plea or bar, is well explained in Cromwell v....the sum of $42,000, that also being the amount which MoComb acknowledged to have been paid on the trust stock at the time he made the acknowledgment, and... | |
| Law reports, digests, etc - 1882 - 1904 pages
...points controverted, upon the determination of which the finding or verdict was rendered. In all these cases, therefore, where it is sought to apply the...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.... | |
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