 | Abraham Clark Freeman - 1891 - 1012 страници
...action brought by such junior mortgagee to foreclose his mortgage. JUDGMENT AS ESTOPPEL. — When a judgment is used in pleading as a technical estoppel,...se, it must appear by the record of the prior suit, or by evidence altitude consistent therewith, that it was between the same parties, and that the particular... | |
 | Abraham Clark Freeman - 1891 - 1036 страници
...such junior mortgagee to forecloae hia mortgage. JUDGMENT AS ESTOPPEL. — When a judgment is naed in pleading as a technical estoppel, or is relied on by way of evidence as conclusive per sr, it must appear by the record of the prior suit, or by evidence aliunde consistent therewith, that... | |
 | Samuel Maxwell - 1892 - 932 страници
...the general issue. Untion in equity. Lane v. Lane, 80 Me. der the code, however, the former judgThe rule in respect to the conclusiveness of the verdict...judgment in a former trial between the same parties, when tht judgment is used in pleading as a technical estoppel, or is relied on by way of evidence as conclusive... | |
 | Abraham Clark Freeman - 1893 - 1036 страници
...was raised and determined in the first: Bell v. JferrifieU, 109 NY 202; 4 Am. St. Eep. 436. When a judgment is used in pleading as a technical estoppel,...is relied on by way of evidence as conclusive per »t, it must appear by the record of the prior suit, or by evidence aliumle consistent therewith, that... | |
 | Harry Clay Underhill - 1894 - 908 страници
..."When the judgment Tendered in the former trial is used as a technical estoppel, or is relied upon as conclusive per se, it must appear by the record...the prior suit •that the particular controversy nought to be concluded was necessarily tried and determined. That is, if the record of the former trial... | |
 | 1895 - 1210 страници
...might have been litigated, and a decision had upon it; and that it was not necessary that it should appear by the record of the prior suit that the particular controversy sought to be precluded was then necessarily tried and determined, but it was sufficient if there might have been... | |
 | 1895 - 1036 страници
...580), 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 as evidence, was stated to be substantially this: That, to render the... | |
 | 1895 - 1046 страници
...580), 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 as evidence, was stated to be substantially this: That, to render the... | |
 | Montana. Supreme Court - 1895 - 666 страници
...580), 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 as evidence, was stated to be substantially this: That, to render the... | |
 | Thomas Johnson Michie - 1906 - 868 страници
...530. The general rule with respect to the collusiveness 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 as evidence, is substantially this: that, to render the judgment conclusive,... | |
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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... 
