 | Abraham Clark Freeman - 1910 - 1292 σελίδες
...founded upon said note. As is said in the case of National Surety Co. v. Coates, 83 Ark. 545, 104 SW 219, "a right, question or fact distinctly put in issue...subsequent suit between the same parties or their privies; and, even if the second suit is for a different cause of action, the right, question or fact, once... | |
 | Jefferson Hoover Broady, D. A. Haggard, D. Avery Haggard - 1910 - 1240 σελίδες
...litigated In the former action. Battle Creek Valley Bank v. Collins, 3 Unof. 38 (90 NW 921). 658. (1903.) A "right, question or fact" distinctly put In issue...subsequent suit between the same parties or their privies, and this even though the second suit is for a different cause of action. State, ex rel. Kennedy, v.... | |
 | United States. Congress. House. Committee on Claims - 1910 - 122 σελίδες
...Pacific Railway v.\j. S. (168 US, 1, 1. c.48), "A right, question, or fact distinctly put in issue and determined by a court of competent jurisdiction as a ground of recovery can not be disputed in a subsequent suit between the same parties or their privies; and even if the... | |
 | District of Columbia. Court of Appeals - 1911 - 702 σελίδες
...ed. 355, 18 Sup. Ct. Rep. 18, as follows: "The general principle announced in numerous cases is that a right, question, or fact distinctly put in issue...subsequent suit between the same parties or their privies; and even if the second suit is for a different cause of action, the right, question, or fact, once... | |
 | 1913 - 1290 σελίδες
...same law remains on the books? These questions are answered by the language of Mr. Justice Harían: "A right, question or fact distinctly put in Issue...of competent jurisdiction, as a ground of recovery, can not be disputed in a subsequent suit between the same parties or their privies; and even If the... | |
 | 1914 - 746 σελίδες
...opinion of this court. The controlling principle laid down in that opinion was that: "A question of fact distinctly put in issue and directly determined...of competent jurisdiction as a ground of recovery or defense cannot be disputed in a subsequent suit between the same parties or their privies. And,... | |
 | 1914 - 1280 σελίδες
...issue, and directly determined by a cuurt of competent jurisdiction as a ground of recovery, cnuuut be disputed in a subsequent suit between the same parties or their privies, and this even though the second suit is for a different cause of action." State v. Brontch, 68 Neb.... | |
 | Harold Remington - 1915 - 1154 σελίδες
...Co. v. US, 168 US 1-48, it is said that: " 'The general principle announced in numerous cases is that a right, question, or fact distinctly put in issue,...subsequent suit between the same parties or their privies; and, even if the second suit is for a different cause of action, the right, question, or fact, once... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1915 - 718 σελίδες
...following cases, a summary of which decisions may be found in a part of the syllabus of the first, to wit: "A right, question, or fact distinctly put in issue,...subsequent suit between the same parties or their privies, and, even if the second suit is for a different cause of action, the right, question, or fact once... | |
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... right, question or fact once so determined must, as between the same parties or their privies, be taken as conclusively established, so long as the judgment in the first suit remains unmodified. 
