 In considering the operation of this judgment, it should be borne in mind, as stated by counsel, that there is a difference between the effect of a judgment as a bar or estoppel against the prosecution of a second action upon the same claim or demand,...  Patent and Trade Mark Review - Page 2381922Full view - About this book
 | Law reports, digests, etc - 1900 - 1308 pages
...a bar or estoppel against the prosecution of a second action upon the same claim or demand, and Its effect as an estoppel In another action between the...constitutes 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... | |
 | Law reports, digests, etc - 1912 - 1332 pages
...a bar or estoppel against the prosecution of a second action upon the same claim or demand, and its effect as an estoppel in another action between the...parties upon a different claim or cause of action." Discussing the difference It referred to, that court said : "In the former case, the Judgment, if rendered... | |
 | Law reports, digests, etc - 1913 - 1038 pages
...a bar or estoppel against the prosecution of a second action upon the same claim or demand and its effect as an estoppel in another action between the...parties upon a different claim or cause of action is that in the former case the Judgment, if rendered upon the merits, constitutes an absolute bar to... | |
 | Law reports, digests, etc - 1914 - 1412 pages
...a bar to a second suit between the same parties upon the same cause of action and its effect as nn estoppel In another action between the same parties upon a different claim is very clearly stated by Mr. Justice Fields In the case of Cromwell v. Sac Co., 94 US 351, 24 L. Ed.... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1888 - 710 pages
...a bar or estoppel against the prosecution of a second action upon the same claim or demand, aud its effect as an estoppel in another action between the...parties, upon a different claim or cause of action, is often overlooked. Aud it is from that circumstance that attorneys and courts have frequently been... | |
 | John William Smith - Law reports, digests, etc - 1889 - 760 pages
...effect of a judgment as a bar or estoppel against the prosecution of the same claim or demand, and its effect as an estoppel in another action between the...parties upon a different claim or cause of action. Dooley v. Potter, 140 Mass. 49; Kilander v. Hoover, 111 Ind. 10. In the former case, the judgment absolutely... | |
 | Law reports, digests, etc - 1891 - 630 pages
...a bar or estoppel against the prosecution of a second action upon the same claim or demand, and its effect as an estoppel in another action between the...constitutes 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... | |
 | Austin Abbott - Civil procedure - 1891 - 610 pages
...judgment as a bar or estoppel against the prosecution of a second action on the same demand and its effect as an estoppel in another action between the...parties upon a different claim or cause of action ; and upon this subject it is sufficient to refer to the opinion of Mr. Justice FIELD in Crom- . well... | |
 | Law reports, digests, etc - 1891 - 1086 pages
...judgment as a bar or estoppel against the prosecution of a second action on the same demand and its effect as an •estoppel in another action between...parties upon a different claim or cause of action; and upon this subject it is sufficient to refer to the opinion of Mr. Justice FIKLD in Cromwell v.... | |
| |
