| 1905 - 1130 páginas
...Place, 94 U. 9. G06, 008, 24 L. Ed. 214, in which it was held: "It is undoubtedly settled law that a judgment of a court of competent Jurisdiction upon...question directly involved in one suit is conclusive upon that question In another suit between the same parties. But to this opération of the judgment... | |
| California. Supreme Court - 1906 - 858 páginas
...63 Cal. 564.) In the latter of these cases it is said, quoting from Russell v. Place, 94 US 606: "A judgment of a court of competent jurisdiction, upon...question in another suit between the same parties; but tothis operation of the judgment it must appear, either upon the face of the record, or be shown by... | |
| Lawrence Taylor, Steven Oberman - 2006 - 1272 páginas
...probation violation hearing may constitute collateral estoppel. In State v. Donovan48 the court held that "it must appear, either upon the face of the record...precise question was raised and determined in the former suit."49 In People v. Newman,50 the trial judge rescinded the defendant's statutory suspension because... | |
| 1898 - 1206 páginas
...y. Place, 94 US GOG, G08, the same principle was recognized : "It is undoubtedly settled law that a judgment of a court of competent jurisdiction, upon...question was raised and determined in the former suit. If then1 be any uncertainty on this head hi the record,— as, for example, If It appears that several... | |
| Idaho. Supreme Court - 1922 - 924 páginas
...Respondent, v. DG RUBY, Appellant. [204 Pac. 1071.] RES JUDICATA — RECORD — EXTRINSIC EVIDENCE. A judgment of a court of competent jurisdiction, upon...or be shown by extrinsic evidence, that the precise quest ion was raised and determined in the former suit. Publisher's Note. Identitv of issues involved... | |
| 1893 - 1052 páginas
...suit, and it i» only upon that question that the judgment can be held conclusive in the second suit. It must appear either upon the face of the record,...question was raised and determined in the former suit. Cromwell T. County of Sac, 94 US 353; Russell v. Place, Id. 608; Riverside •28 Pac. Rep. 124. Co.... | |
| Kansas. Supreme Court, Elliot V. Banks, William Craw Webb, Asa Maxson Fitz Randolph, Gasper Christopher Clemens, Thomas Emmet Dewey, Llewellyn James Graham, Oscar Leopold Moore, Earl Hilton Hatcher, Howard Franklin McCue - 1899 - 844 páginas
...there is no estoppel in it when pleaded, and nothing conclusive in it when offered as evidence. "A judgment of a court of competent jurisdiction, upon a question directly involved in one suit, is conelusive as to that question in another suit between the same parties ; but to this^operation of... | |
| 1902 - 480 páginas
...16, 1901. It is a familiar principle, not needing the citation of authorities to support it, that the judgment of a court of competent jurisdiction upon a question directly involved in a suit, is conclusive as to that question in another suit between the same parties. Now undoubtedly... | |
| Minnesota. Supreme Court - 1882 - 616 páginas
...at the time of the first trial, the evidence was not in existence, as where it was not produced. The judgment of a court of competent jurisdiction, upon a question directly involved in the suit, is conclusive in a second suit between the same parties depending on the same question. Hepburn... | |
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