 | James Gould - 1849 - 510 σελίδες
...upon de- byonwaylroe/ murrer, is equally conclusive, (by way of es- «a'PPaItoppeI), of the facts, confessed by the demurrer, as a verdict, finding the same facts, would have been (/t) : Since they are established, as well in the former case, as in the latter, by matter... | |
 | North Carolina. Supreme Court - 1909 - 1058 σελίδες
...court, in Mispel v. Laparte, 74 111., 306, 'is equally conclusive (by way of estoppel)' of the facts confessed by the demurrer as a verdict finding the same facts would have been,, since they are established, as well in the former case as in the other; and facts thus... | |
 | Asa Iglehart - 1879 - 1048 σελίδες
...subsequent action, is thus stated by a very high authority: "1. That a judgment rendered upon a demurrer to the declaration or to a material pleading, setting...as a verdict finding the same facts would be; since matters in controversy are e<tablished, in the former case as well as in the latter, by matter of record;... | |
 | 1888 - 1450 σελίδες
...follows: "A judgment, rendered upon demurrer, is equally conclusive (by way of estoppel) of tlieT rïïcTs confessed by the demurrer, as a verdict finding the same facts would ТГаусГ beenf "since- They' are established, as well in the former case as in the lat-. 1er, by... | |
 | 1888 - 1462 σελίδες
...as*follows: "A judg-? ment, rendered upon demurrer, is equally conclusive (by way of estoppel) of the facts confessed by the demurrer, as a verdict finding the same facts would have been; since they are established, as well in the former case as in the latter, by way of record.... | |
 | 1913 - 1290 σελίδες
...words in the judgment. A judgment entered upon a demurrer to a complaint setting forth the facts may be equally conclusive of the matters confessed by the...demurrer as a verdict find'ing the same facts would be. Clark v. Scovill, 133 App. Div. 821, 118 NY Supp. 235; Hirshbach v. Ketchum, 79 App. Div. 561, 80 NY... | |
 | Frank Sumner Rice - 1892 - 832 σελίδες
...application to certain views of the case before the court: 1. That a judgment rendered upon demurrer to the declaration or to a material pleading setting...latter, by matter of record; and the rule is that the facts thus established can never after be contested between the same parties or those in privity... | |
 | Benjamin Jonson Shipman - 1895 - 654 σελίδες
...judgment was "respondeat ouster." ** A final judgment rendered on demurrer is as conclusive of the facts confessed by the demurrer as a verdict finding the same facts would have been, since they are established, in both cases, by matter of record. The operation of the judgment... | |
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Clifford, after reviewing many authorities, lays down the following rules as deducible from them: "(1) That a judgment rendered upon demurrer to the declaration or to a material pleading, setting forth the facts, is equally conclusive of the matters confessed... 
