 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
 | Appellate courts - 1916 - 800 pages
...rendered. In all cases, therefore, where It is sought to apply the estoppel of a judgment rendered upon one cause of action, * * * the inquiry must always be...what might have been thus litigated and determined. Only upon such matters is the Judgment conclusive in another action." Cromwell v. County of Sac, 91... | |
 | Fred P. Caldwell - Law - 1916 - 1250 pages
...action to matters arising upon a suit upon a different cause of action, the inquiry must always be to the point or question actually litigated and determined...what might have been thus litigated and determined. Only upon such matters is a judgment conclusive in another action (Black on Judgments, Vol. 2, Sec.... | |
 | United States. Patent Office - Copyright - 1918 - 508 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. There are compelling reasons why... | |
 | 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 - 1918 - 842 pages
...to that extent. 6. In Cromwell v. County of Sac, 94 US 355 (24 L. Ed. 195), Mr. Justice FIELD said: "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." Counsel for defendants contend... | |
 | 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 - 1918 - 848 pages
...second action between the same parties is upon a different claim or demand, the judgment in the superior action operates as an estoppel only as to those matters...what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action." 4, 5. The word "claim" means... | |
 | Austin Wakeman Scott - Civil procedure - 1919 - 770 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. . . . It is not believed that... | |
 | Appellate courts - 1919 - 750 pages
...the matter. points upon the decision of which the finding was rendered. The Supreme Court also said : "In all cases, therefore, where It Is sought to apply...what might have been thus litigated and determined. Only upon such matters la the judgment conclusive in another action." See McNamara v. Home Land & Cattle... | |
 | Law reports, digests, etc - 1919 - 1120 pages
...between the same parties, but upon a different claim or demand. In these circumstances "the injury must always be as to the point or question actually...original action, not what might have been thus' litigated or determined!" Cromwell v. Sac County, 94 US 351, 353 (24 L. Ed. 195), approved in State ex rel. v.... | |
 | Missouri. Supreme Court - Law reports, digests, etc - 1919 - 882 pages
...parties, Res Adjudicata. , , ,. .... , . , -, but upon a different claim or demand. In these circumstances "the inquiry must always be as to the point or question...determined in the original action; not what might have been then litigated or determined." [Cromwell v. Sac County, 94 US 351, 353; approved in State ex rel. v.... | |
 | United States. Court of Claims - 1920 - 388 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. ******* " It is not believed that... | |
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