In all cases, therefore, where * it is sought to apply the estoppel of a judgment rendered upon • one cause of action to matters arising in a suit upon a different • cause of action, the inquiry must always be as to the point or • question actually... The Federal Reporter - Página 2601908Vista completa - Acerca de este libro
| United States. Supreme Court - 1953 - 874 páginas
...In a subsequent action between the same parties on a different claim, a judgment is conclusive only as to the point or question actually litigated and determined in the original action, not as to what might have been litigated and determined. Pp. 504-505. (b) The decisions entered by the... | |
| Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1912 - 966 páginas
...points controverted, upon the determination of which the finding or verdict was. rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment upon one cause of action to matters arising upon a suit upon a different cause of action, the inquiry... | |
| New Jersey. Court of Chancery - 1894 - 722 páginas
...points controverted, upon the determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel...what might have been thus litigated and determined, for it is only upon such matters as were actually litigated and determined that the judgment is conclusive."... | |
| New Jersey. Court of Chancery - 1898 - 924 páginas
...rendered. In all cases, therefore, when it is sought to apply the estoppel of a judgment in one case to matters arising in a suit upon a different cause...determined in the original action, not what might have been litigated or determined." In accordance with this view, it had been held in Steam Packet Company v.... | |
| New Jersey. Court of Chancery - 1914 - 768 páginas
...points controverted, upon the determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel...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... | |
| United States. Court of Claims - 1940 - 756 páginas
...points controverted, upon the determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel...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... | |
| Robert Dewey Benedict, Benjamin Lincoln Benedict - 1882 - 776 páginas
...rule is well stated by Mr. Justice Field (Cromwell v. County of Sac, 94 U. 8. 352) : " In all cases where it is sought to apply the estoppel of a judgment...question actually litigated and determined in the former action, not what might have been thus litigated and determined." While it is true that the claim... | |
| United States. Patent Office - 1931 - 660 páginas
...points controverted, upon the 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 of action as to matters arising In a suit upon a different cause of action, the inquiry must always be as to... | |
| William A. Shinn - 1879 - 636 páginas
...the rule is well stated by Mr. Justice Fickl (Cromwell v. County of Sac, 94 US, 352) : " In all cases where it is sought to apply the estoppel of a judgment...question actually litigated and determined in the former action, not what might have been thus litigated and determined." While it is true the claim... | |
| Austin Abbott - 1880 - 928 páginas
...actually controverted, litigated and determined in the former action, and on those only.4 In all cases therefore, where it is sought to apply the estoppel...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... | |
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