 | 1911 - 772 страници
..."But to this operation of the judgment it must appear, either upon the face of the record or be shewn by extrinsic evidence, that the precise question was...suit. If there be any uncertainty on this head in the record,—as, for example, if it appear that several distinct matters may have been litigated, upon... | |
 | United States. Supreme Court, Palmer Daniel Edmunds - 1938 - 782 страници
...question in another suit between the same parties; but it must appear from the face of the record or extrinsic evidence that the precise question was raised and determined in the former suit. If record is uncertain, the uncertainty must be removed by extrinsic evidence. Mason v. Ruby, 35 Idaho... | |
 | California. Supreme Court - 1920 - 736 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... | |
 | United States. Tax Court - 1945 - 1374 страници
...estopped from considering. As the Supreme Court said in Russell v. Place, 94 US 606, at page 608 : * * * If there be any uncertainty on this head in the record,...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 uncertainly... | |
 | Illinois. Supreme Court - 1901 - 716 страници
...shall operate as an estoppel in the second suit, it must appear on the face of the record, or must be shown by extrinsic evidence, that the precise question was raised and determined in the first suit. "In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered... | |
 | United States. Supreme Court - 1885 - 1206 страници
...but to this operation of the Judgment it must appear, either upon the face of the record, or be Bbown by extrinsic evidence, that the precise question was...the former suit. If there be any uncertainty on this bead in the record, the whole subject-matter of the action will be at large and open to a new contention,... | |
 | United States. Supreme Court - 1901 - 1148 страници
...between the same parties; but to this operation of the Judgment It muet appear, either upon the (ace 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... | |
 | United States. Department of the Treasury - 1912 - 1328 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...them was thus litigated and upon which the judgment vaa rendered, the whole subject matter of the action will be at large, and open a new contention, unless... | |
 | United States. Tax Court - 1945 - 1364 страници
...from considering. As the Supreme Court said in Russell v. Place, 94 US 606, at page 608 : • • * If there be any uncertainty on this head in the record,...example, if it appear that several distinct matters may hare been litigated, upon one or more of which the judgment may have passed, without indicating which... | |
| |
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... 
