 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...  Atlantic Reporter - Σελίδα 3231893Πλήρης προβολή - Σχετικά με αυτό το βιβλίο
 | New Jersey. Court of Chancery - 1914 - 768 σελίδες
...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...rendered upon one cause of action to matters arising upon a different cause of action, the inquiry must always be as to the point or question actually litigated... | |
 | Illinois. Supreme Court - 1908 - 718 σελίδες
...claim or cause of action in this suit, there is no question that the former judgment is an estoppel as to those matters in issue or points controverted upon the determination of which the decree was rendered. Cromwell v. County of Sac, 94 US 351 ; Equitable Trust Co. v. Fisher, 106 111.... | |
 | United States. Court of Claims - 1940 - 760 σελίδες
...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...cause of action to matters arising in a suit upon a Opinion of the Court different cause of action, the inquiry must always be as to the point or question... | |
 | United States. Patent Office - 1964 - 972 σελίδες
...based on facts not of record before us and as such to remove the element of conjecture from the case. those matters In issue or points controverted, upon...determination of which the finding or verdict was rendered." Cromwell v. County of Sac, supra, 853. And see Russell v. Place, 94 US 606; Southern Pacific R. Co.... | |
 | 1877 - 558 σελίδες
...the judgment in the prior action operates as an estoppel only as to those matters in issue or pointa controverted, upon the determination of which the finding or verdict was rendered. In this case, which was an action against a county in Iowa upon certain interest coupons originally attached... | |
 | William Wait - 1879 - 1002 σελίδες
...the same parties, 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...determination of which the finding or verdict was rendered. Cromwell v. County of Sac, 94 US (4 Otto) 351. See antt, p. 679, tit. Estoppel. § 3. What judgments... | |
 | Austin Abbott - 1880 - 928 σελίδες
...which was actually controverted, litigated and determined in the former action, and on those only.4 In all cases therefore, where it is sought to apply...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... | |
 | United States. Circuit Court (5th Circuit), William Burnham Woods - 1880 - 844 σελίδες
...Starr & Co. v. Gerding. upon a different claim or demand, the judgment in a prior action operates as an estoppel only as to those matters in issue or points...to apply the estoppel of a judgment rendered upon ont cause of action to matters arising upon a suit in a different cause of action, the inquiry must... | |
 | 1889 - 948 σελίδες
...adjudicata, as a plea or bar, is well explained in Cromwell v. County of Sac, 94 US 351, where the court say: "In all cases, therefore, where it is sought to apply...arising in a suit upon a different cause of action, the injury must always be as to the point or question actually litigated and determined in the original... | |
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