 | 1892 - 1322 страници
...between the same parties. But to this operation of the judgment It must appear, either upon the face of the record, or be shown by extrinsic evidence, that...upon which the judgment was rendered, — the whole subject-matter of the action will be at large, and open to a new contention, unless this uncertninty... | |
 | John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1893 - 1116 страници
...between the same parties. But to this operation of the judgment it must appear, either upon the face of the record, or be shown by extrinsic evidence, that...uncertainty on this head in the record", as, for example, 2. Directness — a. THE RULE. — The rule in regard to the issue, if decided, is that judgment must... | |
 | Missouri. Courts of Appeals - 1893 - 790 страници
...Frick Co. v. Caffery. a bar or estoppel in a subsequent suit "it must appear either upon the face of the record, or be shown by extrinsic evidence, that...question was raised and determined in the former suit. An estoppel must be certain to enery intent; and if upon the face of the record anything is left to... | |
 | 1895 - 1036 страници
...But to this operation of the judgment it must appear, either upon the face of the record or be «hown by extrinsic evidence, that the precise question was...one or more of which the judgment may have passed, AM. ex. Her. Vou XLI11 -» without indicating which of them was thus litigated, and upon which the... | |
 | Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1895 - 714 страници
...charged malice rather than upon the count in trover that did not. Kitson v. Farwell, 132 Ill. 327. " If it appear that several distinct matters may have...and upon which the judgment was rendered, the whole subSawyer v. Nelson. ject-matter of the action will be at large, and open to a new contention, unless... | |
 | Hawaii. Supreme Court - 1895 - 844 страници
...another suit between the same parties ; but to this operation, it must appear, either upon the face of the record, or be shown by extrinsic evidence, that...there be any uncertainty on this head in the record, the whole subject matter of the action will be at large and open to a new contention, unless this uncertainty... | |
 | Montana. Supreme Court - 1895 - 666 страници
...But to this operation of the judgment it must appear, either upon the face of the record or be showii by extrinsic evidence, that the precise question was raised and determined in the iormer suit. If there be any uncertainty on this head in the record — as, for example, if it appear... | |
 | New York (State). Supreme Court. Appellate Division - 1898 - 738 страници
...between the same parties. But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that...upon which the judgment was rendered — the whole subject-matter of the action will be at large, and open to a new contention, unless this uncertainty... | |
 | Burr W. Jones - 1896 - 784 страници
...the record as to whether the precise question was raised and determined in the former controversy, "as for example, if it appear that several distinct...may have been litigated, upon one or more of which judgment may have been passed, without indicating which of them was thus litigated and upon which the... | |
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It is undoubtedly settled law that a judgment of a court of competent jurisdiction, upon a question directly involved in one suit, is conclusive as to that question in another suit between the same parties. But to this operation of the judgment it must... 
