 | Ohio. Supreme Court - 1884 - 792 страници
...Freeman on Judgments, 3d ed., section 259 ; Railroad Co. v. Hall, 26 Ohio St., 310. It must appear from the record of the prior suit that the particular controversy sought to be precluded, was there necessarily tried and determined. -Lessee of Lore v. Truman, 10 Ohio St., 45;... | |
 | United States. Patent Office - 1878 - 466 страници
...relied upon as evidence, was stated to be substantially this : that, to render the judgment conclusive, it must appear by the record of the prior suit that the particular matter sought to be concluded was necessarily tried or determined — that is, that the verdict in... | |
 | 1886 - 1942 страници
...certain that which the record leaves uncertain. Thus, in Packet Co. v. Sickles, 5 Wall. 580, it is said: "As we understand the rule in respect to the conclusiveness...parties, when the judgment is used in pleading as technical estoppel, or is relied on by way of evidence as conclusive per se, it must appear by the... | |
 | 1902 - 1128 страници
...evidence showing the precise point involved and determined. * * * To render the judgment conclusive, it must appear by the record of the prior suit that the particular matter sought to be concluded was necessarily tried and determined,— that is. that the verdict in... | |
 | 1887 - 1910 страници
...time, the general rule with respect to the conclusiveness of a verdict and judgment in a former suit between the same parties, when the judgment is used in pleading as an estoppel, or is relied upon in evidence, was stated to be substantially this: that to render the... | |
 | 1920 - 1058 страници
...not as to other matters which might have been litigated and determined. This rule holds true whether the judgment is used in pleading as a technical estoppel,...relied on by way of evidence as conclusive per se. In all cases it should appear that the first judgment determined the actual question at issue between... | |
 | United States. Comptroller of the Treasury - 1885 - 424 страници
...Packet Co. v. Sickles (5 Wall., 580), said: "As we understand the rule in respect to the conclusiveuess of the verdict and judgment in a former trial between...judgment is used in pleading as a technical estoppel * • * it must appear by the record of the prior suit that the particular controversy sought to be... | |
 | United States treasury dept - 1885 - 424 страници
...action on another of them (Id., 34). Mr. Justice Nelson In Packet Co. v. Sickles (5 Wall., 580), said: verdict and judgment in a former trial between the...judgment is used in pleading as a technical estoppel * * * it must appear by the record of the prior suit that the particular controversy sought to be concluded... | |
 | United States. Comptroller of the Treasury - 1885 - 414 страници
...(Id., 34). Mr. Justice Nelson in Packet Co. v. Sickles (5%Wall., 580), said: verdict and judgment in u former trial between the same parties, when the judgment is used in pleading as a technical estoppel * * * it must appear by the record of the prior suit that the particular control-erst/ sought to be... | |
 | 1917 - 1170 страници
...72 US [5 Wall.] 580, 592 |18 L. Ed. 550]: "As we understand the rule in respect to the collusiveness of the verdict and judgment in a former trial between the same parties, where the judgment is used in pleading as a technical estoppel or is relied on by way of evidence as... | |
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As we understand the rule in respect to the conclusiveness of the verdict and judgment in a former trial between the same parties, when the judgment is used in pleading as a technical estoppel, or is relied on by way of evidence as conclusive per... 
