 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 - 1897 - 1060 pages
...the determination of which the finding or verdict was rendered. In all cases, therefore, where it ia sought to apply the estoppel of a judgment rendered...what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action." The course to be pursued when... | |
 | Law reports, digests, etc - 1882 - 952 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 - 1899 - 1052 pages
...action to matters arising in a suit upon a different cause of action, the Inquiry must always be made as to the point or question actually litigated and...what might have been thus litigated and determined.. Only upon such matters Is the Judgment conclusive in another action." The federal suit was for the... | |
 | United States. Congress. Senate. Committee on the Judiciary - Industrial relations - 1928 - 970 pages
...is sought to apply the estoppel of a judgment rendered upon one cause of action to matters ar sing in a suit upon a different cause of action, the inquiry...what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action. In order that a judgment may operate... | |
 | United States. Patent Office - Copyright - 1931 - 660 pages
...sought to apply the estoppel of a judgment rendered upon one cause of action as to matters arising in u suit upon a different cause of action, the inquiry...what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action. See also Nesbit v. Riverside Independent... | |
 | Law reports, digests, etc - 1904 - 1164 pages
...action to matters arising in a suit upon a different cause of action, the inquiry must always be us to the point or question actually litigated and determined...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. Morewood,... | |
 | United States. Court of Claims - Law reports, digests, etc - 1933 - 802 pages
...judgment in the prior action operates as an estoppel only as to those matters in Opinion of the Court issue or points controverted, upon the determination...what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action. ***** "It is not believed that... | |
 | Law reports, digests, etc - 1895 - 1294 pages
...all other cases, therefore, where It is sought to apply the estoppel of a Judgment rendered upon one cause of action, the inquiry must always be as to...what might have been thus litigated and determined. Only upon such matters Is the Judgment conclusive In another action." See, also, 1 Freem. Judgm. p.... | |
 | United States. Tax Court - Law reports, digests, etc - 1944 - 1334 pages
...therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to the matters arising in a suit upon a different cause of...what might have been thus litigated and determined. Only upon such matters is the Judgment conclusive in another action. Also see Last C-hance Mining Co.... | |
 | Bankruptcy - 1924 - 1122 pages
...all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon onecause of action to matters arising in a suit upon a different...what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action. ' ' See also, Southern Pacific... | |
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