| Emer de Vattel, Edward Duncan Ingraham - 1852 - 670 σελίδες
...Grey, CJ that the judgment of a court of competent jurisdiction directly upon a point, is, as a pita, a bar, or, as evidence, conclusive, between the same...same matter directly in question in another court. (See Duchess of Kingston'* case, 20 Howell's State Trials, 538 ; and sec Bui. N. Pri. 244 ; Phillips... | |
| Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1854 - 650 σελίδες
...cannot be sustained. It is a well settled general principle, that the judgment of a Court of competent jurisdiction directly upon the point, is, as a plea,...as evidence conclusive, between the same parties, or their privies, upon the same matter directly in question in another Court, and that no matter once... | |
| Nathan Howard (Jr.) - 1852 - 576 σελίδες
...one in our laws that the judgment of a court of competent jurisdiction directly upon the point is, as evidence, conclusive between the same parties upon...same matter directly in question in another court (1 Phil Ev. 333). This rule be' Welch agt. Cook. prevailed in every system of jurisprudence with which... | |
| Asa Kinne - 1852 - 736 σελίδες
...general rule as to when a judgment will be a bar to a subsequent action 1 The general rule is : 1. That the judgment of a court of concurrent jurisdiction directly upon the point, is as a plea, a oar, or as evidence conclusive between the same parties, upon the same matter directly in question... | |
| Emer de Vattel - 1852 - 666 σελίδες
...competent jurisdiction directly upon a point, is, as a plea, a bar, or, as evidence, conclusive, lietween the same parties upon the same matter directly in question in another court. (See Ductless of kingston't case, 20 HowelPs State Trials, 538 ; and sec Bui. N. Pri. 244 ; Phillips... | |
| John Bouvier - 1854 - 790 σελίδες
...considered a rule of law, founded not less upon adjudged cases, than it is upon reason : first, that the judgment of a court of concurrent jurisdiction,...same matter, directly in question in another court. Secondly, that the judgment of a court of exclusive jurisdiction, directly upon the point, is, in like... | |
| John Bouvier - 1854 - 788 σελίδες
...than it is upon reason : first, that the judgment of a court of concurrent jurisdiction, directly upgn the point, is, as a plea, a bar ; or, as evidence,...same matter, directly in question in another court. Secondly, that the judgment of a court of exclusive jurisdiction, directly upon the point, is, in like... | |
| John William Smith - 1855 - 798 σελίδες
...given in evidence in civil suits, these two deductions seem to follow as generally true : first, that the judgment of a court of concurrent jurisdiction,...same matter, directly in question in another court : secondly, that the judgment of a court of exclusive jurisdiction, directly upon the point, is, in... | |
| Benjamin Robbins Curtis, United States. Supreme Court - 1864 - 772 σελίδες
...of its validity was put directly in issue. The case, therefore, falls within the general rule, that the judgment of a court of concurrent jurisdiction...or as evidence conclusive between the same parties or privies upon the same matters, when directly in question in another court. It is suggested on the... | |
| Simon Greenleaf - 1856 - 576 σελίδες
...original payee. i DUCHESS OF KINGSTON'S CASE, 11 State Tr. 261; 20 How. ;St. Tr. 538 ; 2 B. & C. 887. " The judgment of a court of concurrent jurisdiction, directly upon the point, is, as a plea in bar, or as evidence, conclusive between the same parties, upon the same matter directly in question... | |
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