 | 1902 - 796 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...in the record— as, for example: If it appear that sev eral distinct matters may have been litigated, upon one or more of which the judgment may have... | |
 | 1903 - 1254 страници
...between the same parties. But to this operation of the Judgment It must appear, either npon the face of the record or be shown by extrinsic evidence, that...question was 'raised and determined in the former salt. If there be any uncertainty on this bead In the record— as, for example, If It appear that... | |
 | 1906 - 1278 страници
...the grounds alleged In the petition Sled in this case. The rule Is, that If there be any uncertainty in the record, as for example, if It appear that several...may have been litigated, upon one or more of which judgment was rendered, the whole subject-matter of the action will be at large, and open to a new contention,... | |
 | Thomas Johnson Michie - 1906 - 868 страници
...former suit. But to this operation of the judgment or decree, 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. If by the record there be any uncertainty in this respect — as. for example, if it appears that several... | |
 | Iowa. Supreme Court - 1908 - 1030 страници
...a conclusive estoppel by prior adjudication, " it must appear either upon the face of the record or shown by extrinsic evidence that the precise question...former suit. If there be any uncertainty on this head, as, for example, if it appear that several distinct matters may have been litigated upon one or more... | |
 | Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, James Christopher Cahill, Basil Jones, James Max Henderson, Ray Smith - 1908 - 714 страници
...the case at bar. The record in the former case was introduced in evidence. It is competent to show by extrinsic evidence that the precise question was raised and determined in the former suit. Sawyer v. Nelson, 160 111. 629-631 ; Bussell v. Place, 94 US 606. The decree in the interpleader case... | |
 | United States. Patent Office - 1908 - 810 страници
...said : It must api>ear. either upon the face of the record or be shown by extrinsic evidence, that tbe precise question was raised and determined in the former suit. -If there l>e any uncertainty on this head in the record — as. for example, if it api>ear that several distinct... | |
 | Nebraska - 1909 - 1386 страници
...that question in another suit between the same parties, but 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. Morgan v. Mitchell, 52 Neb. 667; 72 NW 1055. See 1000 ante for stare decisls. 76. A judgment rendered... | |
 | Jefferson Hoover Broady, D. A. Haggard, D. Avery Haggard - 1910 - 1240 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...question was raised and determined in the former suit. Morgan v. Mitchell, 52 Neb. 667 (72 NW 1055). 641. (1899.) The order appointing a receiver for the... | |
 | United States. Department of the Interior - 1912 - 630 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...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... | |
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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... 
