 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
 | Burr W. Jones - Civil procedure - 1896 - 784 pages
...of a judgment as an estoppel against a prosecution of a second action upon the same claim, and its effect as an estoppel in another action between the...different claim or cause of action. In the former case, as we have already seen, a judgment on the merits is an absolute bar concluding parties and privies,... | |
 | Indiana. Appellate Court - Law reports, digests, etc - 1898 - 790 pages
...second action upon the same claim or cause of action, and its effect as an estoppel in another suit, between the same parties, upon a different claim or cause of action. Thus it is said in Cromwfll v. County of Sac., 94 US 351 : "In the former case, the judgment, if rendered... | |
 | Law reports, digests, etc - 1899 - 914 pages
...a bar or estoppel igainst 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... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1899 - 772 pages
...the same action, or in regard to the same cause of action, and when it is resorted to as an estoppel between the same parties upon a different claim or cause of action. Here there is no proof that the precise question upon which this case turned was presented in the former... | |
 | Law reports, digests, etc - 1901 - 1238 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. In tho former case the judgment, if rendered upon the merits, constitutes an absolute bar to a subsequent... | |
 | United States. Supreme Court - Law reports, digests, etc - 1901 - 1108 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. It was said that "it is not believed there are any cases going to the extent that because in the prior... | |
 | Washington (State). Supreme Court, Eugene Glenroy Kreider - Law reports, digests, etc - 1901 - 884 pages
...bar or estoppel n gainst 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 ; and it is stated that in the former case ihe judgment, if rendered upon the merits, constitutes an... | |
 | Washington (State). Supreme Court, Eugene Glenroy Kreider - Law reports, digests, etc - 1902 - 834 pages
...a bar or estoppel ngainst the prosecution of a second action upon the same claim or demand and its effect as an estoppel in another action between the same parties upon a different claim or cause of actimi. In the former case, tho judgment as rendered upon the merits constitutes an absolute bar to... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1903 - 1084 pages
...bar or estoppel against the prosecution of a second 4Ta action upon the same claim or demand and its effect as an estoppel in another action between the same parties upon a different claim or demand. In the former case the judgAm. St. Eep., Vol. 05—50 merit, if upon the merits, is an absolute... | |
 | Law reports, digests, etc - 1903 - 1256 pages
...prosecution of a second action upon the same claim or demand, and its effect as an estoppel In another action upon a different claim or cause of action. In the former case, a Judgment on the merits constitute» an absolute bar to a subsequent action, not only as to every... | |
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