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" 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... "
Decisions of the Department of the Interior and the General Land Office in ... - Σελίδα 133
των United States. Department of the Interior - 1891
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

United States Reports: Cases Adjudged in the Supreme Court, Τόμος 345

United States. Supreme Court - 1953 - 874 σελίδες
...Sac, 94 US 351, 352-353. A judgment is an absolute bar to a subsequent action on the same claim. "But where the second action between the same parties is upon a different claim or demand, the *The stipulation for the" year 1933, which is typical, reads as follows : "It is hereby stipulated...

Reports of Civil and Criminal Cases Decided by the Court ..., Τόμος 40;Τόμος 147

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1912 - 966 σελίδες
...subject matter and not where the subject matter of the Vol. 147—8 two controversies is different. Where the second action between the same parties is...upon a different claim or demand, the judgment in the former action operates as an estoppel only as to those matters in issue or points controverted, upon...

Reports of Cases Decided in the Court of Chancery of the State of ..., Τόμος 82

New Jersey. Court of Chancery - 1914 - 768 σελίδες
...or demand, but as to any other admissible matter which might have been offered for that purpose. But where the second action between the same parties is...determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause...

Reports of Cases Decided in the Court of Chancery of the State of ..., Τόμος 51

New Jersey. Court of Chancery - 1894 - 722 σελίδες
...* * But where the seoond action is upon a different claim or demand, but between the same parties, the judgment in the prior action operates as an estoppel...determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause...

Reports of Cases Decided in the Court of Chancery of the State of ..., Τόμος 55

New Jersey. Court of Chancery - 1898 - 924 σελίδες
...action is brought for the same cause, goes on to say : " When a second action is upon a different claim, the judgment in the prior action operates as an estoppel only as to those matters in issne or points controverted upon the determination of which the finding of the verdict was rendered....

Reports of Cases at Law and in Chancery Argued and Determined in ..., Τόμος 230

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....

Cases Decided in the United States Court of Claims ... with ..., Τόμος 145

United States. Court of Claims, Audrey Bernhardt - 1959 - 820 σελίδες
...demand, but as to any other admissible matter which might have been offered for that purpose * * *. "But where the second action between the same parties is...determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause...

Cases Decided in the Court of Claims of the United States, Τόμος 87

United States. Court of Claims - 1939 - 836 σελίδες
...been presented, is strictly accurate, when applied to the demand or claim in controversy. * * * But, where the second action between the same parties is...to those matters in issue or points controverted." Opinion of the Court It is true that the validity of the patent was settled by the former suit, and,...

Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - 1964 - 972 σελίδες
...judlcata Is Identity of issues. If the second action between the same parties or privies is upon the same claim or demand, the judgment in the prior action operates as an absolute bar to relitigation not only of those matters actually determined in the prior suit but also...

Albany Law Journal, Τόμος 15

1877 - 558 σελίδες
...or demand, but as to any other admissible matter which might have been offered for that purpose. But where the second action between the same parties is...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,...




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