| Ohio. Supreme Court - 1891 - 652 страници
...tried and determined." Lessee v. Truman, 10. OS 45—53. Porter v. Wagner, 36 OS 471. " It must appear that the precise question was raised and determined in the former suit." Russell v. Place, 94 US 606; Standish v. Parker, 2 Pick. 21: King v. Chase, 15 NH 15; Fagg v. Plummer,... | |
| 1921 - 1208 страници
...between the same parties. But to this operation of the judgment it must appear, either upon the tace of the record or be shown by extrinsic evidence, that...passed, without indicating which of them was thus liti! gated, and upon which the judgment was rendered — the whole subject-matter of the action will... | |
| 1905 - 1130 страници
...between the same parties. But to this opération of the judgment it most appear, either upon the face of the record, or be shown by extrinsic evidence, that...example If it appear that several distinct matters mny have been litigated, upon one or more of which the Judgment may have passed, without Indicating... | |
| 1916 - 1216 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." Russell v. Place. 94 US 606, 24 L. Ed. 214. [Ed. Note. — For other cases, see Judgment, Cent. Dig.... | |
| 1899 - 1222 страници
...must be determined on Its merits." Hughes v. US, 4 Wall. 230. It must appear, either on the face of the record, or be shown by extrinsic evidence, that...the precise question was raised and determined In tho former suit. When the record leaves the matter in doubt, extrinsic proof is admissible to show... | |
| California. Supreme Court - 1906 - 800 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 this uncertainty... | |
| California. Supreme Court - 1906 - 858 страници
...order to the operation of the former judgment as an estoppel, it must appear either upon the face of the record or be shown by extrinsic evidence that the precise question involved was raised and determined in the former action; and where there is uncertainty in the record... | |
| Lawrence Taylor, Steven Oberman - 2006 - 1272 страници
...collateral estoppel. In State v. Donovan48 the court held that "it must appear, either upon the face of the record or be shown by extrinsic evidence, that...precise question was raised and determined in the former suit."49 In People v. Newman,50 the trial judge rescinded the defendant's statutory suspension because... | |
| 1898 - 1052 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...example, If it appear that several distinct matters have been litigated, upon one or more of which the judgment may have passed, without indicating which... | |
| 1877 - 592 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 this uncertainty... | |
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