| Alabama. Supreme Court - Law reports, digests, etc - 1871 - 818 pages
...the judgment of a court of concurrent jurisdiction, directly upon the point is as a plea, a bar, and as evidence, conclusive, between the same parties...same matter directly in question in another court. And the cause of action is the same when the same evidence will support both actions, although the... | |
| John Jane Smith Wharton - Law - 1848 - 726 pages
...¡a his own cause.) In civil actions, the general rule is, that the judgment of a court of concurrent jurisdiction, directly upon the point is, as a plea, a bar, or as evidence, conclusive between the .-ume parties upon the same matter directly in question in another court. The exception to this rule... | |
| Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1849 - 706 pages
...HoweWs St. Tr. 538,) laid down the following rule, viz. "That the judgment of a court of concurrent jurisdiction directly upon the point is, as a plea,...upon the same matter directly in question in another suit." The supreme court, in Jackson \. Wood, (3 Wend. 27.) repudiated that part of this rule which... | |
| Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1850 - 712 pages
...that the judgment of a court of concurrent jurisdiction, directly upon the point, is, as a plea in bar, or, as evidence, conclusive between the same...same matter directly in question in another court. (1 Phil. Ev. 333.) And it is evidence for or against privies in blood, privies in estate, and privies... | |
| South Carolina. Court of Appeals, James Albert Strobhart - Law reports, digests, etc - 1850 - 576 pages
...to follow as generally true, 1st. That the judgment of a Court of concurrent jurisdiction, c!U424. directly upon the point, is, as a plea, a bar, or as evidence conclusive between the same parties on the same matter." — Chev. R. 236; The same doctrine is to be found in our cases of Prather v.... | |
| Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1854 - 650 pages
...legally apply to the case. But the position cannot be sustained. It is a well settled general principle, that the judgment of a Court of competent jurisdiction...as evidence conclusive, between the same parties, or their privies, upon the same matter directly in question in another Court, and that no matter once... | |
| Emer de Vattel, Edward Duncan Ingraham - International law - 1852 - 670 pages
...Grey, CJ that the judgment of a court of competent jurisdiction directly upon a point, is, as a pita, a bar, or, as evidence, conclusive, between the same...same matter directly in question in another court. (See Duchess of Kingston'* case, 20 Howell's State Trials, 538 ; and sec Bui. N. Pri. 244 ; Phillips... | |
| Asa Kinne - Courts - 1852 - 736 pages
...That the judgment of a court of concurrent jurisdiction directly upon the point, is as a plea, a oar, or as evidence conclusive between the same parties,...same matter directly in question in another court : 2. That the judgment of a court of exclusive jurisdiction directly upon the point, is, in the like... | |
| Nathan Howard (Jr.) - Civil procedure - 1852 - 576 pages
...one in our laws that the judgment of a court of competent jurisdiction directly upon the point is, as evidence, conclusive between the same parties upon...same matter directly in question in another court (1 Phil Ev. 333). This rule be' Welch agt. Cook. prevailed in every system of jurisprudence with which... | |
| Emer de Vattel - International law - 1852 - 666 pages
...competent jurisdiction directly upon a point, is, as a plea, a bar, or, as evidence, conclusive, lietween the same parties upon the same matter directly in question in another court. (See Ductless of kingston't case, 20 HowelPs State Trials, 538 ; and sec Bui. N. Pri. 244 ; Phillips... | |
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