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 Federal Reporter - Page 4801918Full view - About this book
| District of Columbia. Court of Appeals - Law reports, digests, etc - 1911 - 702 pages
...competent jurisdiction cannot be disputed in a subsequent suit between the same parties or their privies; even if the second suit is for a different cause of action. Id. 3. Under the rule of res judicata, a judgment or decree rendered by a court of competent jurisdiction... | |
| Law reports, digests, etc - 1912 - 1170 pages
...ground of recovery, cannot be disputed in a subsequent suit between the same parties or their privies; and, even If the second suit is for a different cause...conclusively established, so long as the judgment in tha first suit remains unmodified. This very rule is demanded by the very object for which civil suits... | |
| Law reports, digests, etc - 1913 - 1140 pages
...subsequent suit between the same parties or their privies ; and, even if the second suit is for a differout cause of action, the right, question, or fact once...so determined must, as between the same parties' or privies, be taken as conclusively established, so long as the judgment in the first suit remains unmodified."... | |
| Appellate courts - 1914 - 746 pages
...is upon a different cause of action, the right, question, or fact so determined must, as between the parties or their privies, be taken as conclusively established so long as the judgment remains unmodified." At the end of the opinion this court stated its conclusion in these words : "A... | |
| 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 - 1915 - 718 pages
...ground of recovery, cannot be disputed in a subsequent suit between the same parties or their privies, and, even if the second suit is for a different cause...the judgment in the first suit remains unmodified": Southern Pacific RR v. United States, 168 IT. S. 1 (42 L. Ed. 355, 18 Sup. Ct. Rep. IS) ; Baldwin v.... | |
| Harold Remington - Bankruptcy - 1915 - 1154 pages
...ground of recovery, cannot be disputed in a subsequent suit between the same parties or their privies; and, even if the second suit is for a different cause...the judgment in the first suit remains unmodified." "It having, therefore, been conclusively determined in a suit between the bankrupt and his creditors,... | |
| United States. Supreme Court - Courts - 1915 - 826 pages
...privies in any subsequent case in which the same right was directly or collaterally involved. For ' ' even if the second suit is for a different cause of...the judgment in the first suit remains unmodified." Southern Pacific Co. v. United States, 168 US 48-49. So also it was held in Forsyth v. Hammond (166... | |
| United States. Supreme Court - Law reports, digests, etc - 1915 - 854 pages
...their privies in any subsequent case in which the same right was directly or collaterally involved. For "even if the second suit is for a different cause...the judgment in the first suit remains unmodified." Southern Pacific Co. v. United States, 168 US 48-49. So also it was held in Forsyth v. Hammond (166... | |
| Fred P. Caldwell - Law - 1916 - 1250 pages
...ground of recovery can not be disputed in a subsequent suit between the same parties or their privies; and even if the second suit is for a different cause of action, the right, question, or fact, once determined, must, as between the same parties or their privies, be taken as conclusively established,... | |
| Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - Law reports, digests, etc - 1918 - 820 pages
...ground of recovery, cannot be disputed in a subsequent suit between the same parties or their privies; and even if the second suit is for a different cause...the judgment in the first suit remains unmodified." Tn Munson v. Baldwin, 93 Wash. 36, 159 Pac. 1070, citing 2 Black, Judgments, ยง 767, we held that one... | |
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