The general principle announced in numerous cases is that a right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot be disputed in a subsequent suit between, the same... The Supreme Court Reporter - Page 181899Full view - About this book
| Abraham Clark Freeman - Judgments - 1925 - 1288 pages
...721, 64 Am. St. Вeр. 830, 41 L. В. A. 703, THE JUDGMENT AS AN ESTOPPEL. §627 question or fact is distinctly put in issue and directly determined by a court of competent jurisdiction in a former suit between the same parties or their privies, the former adjudication of that fact, right... | |
| Law reports, digests, etc - 1904 - 1060 pages
...court. If it be treated as being between the same parties or their privies, it is well established that a right, question, or fact distinctly put in issue and directly determined in the first suit cannot he disputed in a subsequent suit. Such right, question, or fact is to be taken... | |
| Law reports, digests, etc - 1926 - 1116 pages
...1-18, 18 S. Ct. 18, 27 (42 L. Ed. 355) : "The general principle announced in numerous cases is that a right, question or fact distinctly put in issue...fact once so determined must, as between the same partics or their privies, be taken as conclusively established, so long as the judgment in the first... | |
| Leonard Sydney Lurie - Conflict of laws - 1926 - 286 pages
...announced in numerous cases is that a right, question, or fact distinctly put in issue and rightly determined by a court of competent jurisdiction, as...once so determined must, as between the same parties (1) "If the decree is final, then its result is to merge the original cause of action. .. .The doctrine... | |
| United States. Supreme Court - Law reports, digests, etc - 1926 - 1214 pages
...another action then pending between the same parties, respecting other lands within the same grant. 2. A right, question, or fact distinctly put in issue...subsequent suit between the same parties or their privies, even if that suit is for a different cause of action. 3. The word "designated" in the act of Congresi... | |
| Law reports, digests, etc - 1926 - 1044 pages
...L. Ed. 355), Mr. Justice Harlan said : ' ' The general principle announced in numerous cases is that a right, question, or fact distinctly put in issue...disputed in a subsequent suit between the same parties and their privies ; and, even if the second suit is for a different cause of action, the right, question,... | |
| United States. Congress. Senate. Committee on Immigration - Indians - 1926 - 56 pages
...Harlan, speaking for this court in Southern Pacific Railroad Co. v. United States (168 US 1, 48). "That a right, question, or fact distinctly put in issue...of competent jurisdiction as a ground of recovery can not be disputed in a subsequent suit between the same parties or their privies." And then said:... | |
| Law reports, digests, etc - 1926 - 1242 pages
...favor of Wegener. Wegener has prayed an appeal. [1, 2] It is settled by a long line of decisions that a right, question, or fact distinctly put in issue...determined by a court of competent Jurisdiction as ground oí recovery of defense cannot be disputed in a subsequent suit between the same parties or... | |
| Law reports, digests, etc - 1926 - 1112 pages
...court of competent jurisdiction, cannot be disputed In subsequent suit between parties or privies. A right, question, or fact, distinctly put in issue, and directly determined by court of competent jurisdiction as ground of recovery, cannot be disputed in subsequent suit between... | |
| United States. Supreme Court - Law reports, digests, etc - 1926 - 1242 pages
...court of competent jurisdiction in which a judgment or decree is rendered upon the merits, cannot he disputed in a subsequent suit between the same parties or their privies; and the rulo is the same whether the second suit is for the same or for a different cause of action. Southern... | |
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