 But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or...  Patent and Trade Mark Review - Page 2381922Full view - About this book
 | Law reports, digests, etc - 1919 - 2038 pages
...therefore, where it Is sought to apply the estoppel of a Judgment rendered upon one cause of notion to matters arising in a suit upon a different cause...what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action." See McNamara v. Home Land & Cattle... | |
 | Law reports, digests, etc - 1882 - 1904 pages
...upon one cause of action, to matters arising in a suit upon a different cause of action, the injury must always be as to the point or question actually...what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action. The difference in the operation... | |
 | Law reports, digests, etc - 1889 - 1878 pages
...upon one cause of action to matters arising in a suit upon a different cause of action, the injury must always be as to the point or question actually...determined in the original action; not what might have been litigated and determined. Only upon such matters is the judgment conclusive in another action." In... | |
 | Law reports, digests, etc - 1889 - 948 pages
...upon one .cause of action to matters arising in a suit upon a different cause of action, the injury must always be as to the point or question actually...determined in the original action; not what might have been litigated and determined. Only upon such matters is the judgment conclusive in another action." In... | |
 | United States. Congress. House - United States - 1880 - 1218 pages
...state of facts may be shown. The rule of law is : .notion, tin1 ¡iKjiiiry mntit always be as to tlic point or question actually litigated and determined...what might have been thus litigated and determined. Only IIMOU such matters is the judgment conclusive in another action. {Croiuwrll r». County of Sac,... | |
 | Austin Abbott - Action and defenses - 1880 - 928 pages
...different cause of action, the inquiry must always be as to the point or question actually litigated or determined in the original action, not what might have been thus litigated and determined.5 In cases of either class it is conclusive, although the facts necessary to show that the... | |
 | Law reports, digests, etc - 1899 - 986 pages
...upon the determination of which the finding or verdict was rendered, the Inquiry In such case being "as to the point or question actually litigated and...determined In the original action, not what might have been litigated and determined"; In Russell v. Place, that "a judgment of a court of competent Jurisdiction,... | |
 | Law reports, digests, etc - 1904 - 1174 pages
...again be brought into litigation between the parties in proceedings at law upon any ground whatever. But where the second action between the same parties...what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action." In the case of Outram v. Jlorewood,... | |
 | United States. Congress. Senate - United States - 1884 - 1042 pages
...therefore, when it is sought to apply the estoppel of a judgment rendered upon one cause of actiou to matters arising in a suit upon a different cause...what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action. (Cromwell «». County of Sac,... | |
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