From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar,... The Federal Reporter - Страница 7111902Пълен достъп - Информация за книгата
| Iowa. Supreme Court - 1862 - 686 страници
...by the instructions given. Affirmed. WHITAKER v. JOHNSON COUNTY. 1. RES ADJUIIICATA: GENERAL RULE. The judgment of a court of concurrent jurisdiction directly upon the point in controversy, is, as a plea a bar, as evidence conclusive, between the same parties, upon the same... | |
| Benjamin Vaughan Abbott, Austin Abbott - 1864 - 808 страници
...Supreme Ct., 1815, Canfield t. Monger, 12 Johns., 347. 6. Judgment is conclusive, as plea, or evidence. The judgment of a court of concurrent jurisdiction, directly upon the point, is, as a plea in bar, or evidence, conclusive between the same parties, upon the same matter directly in question... | |
| John Bruce Norton - 1865 - 666 страници
...Alii and others. 18th Sept. 1847. 7 SDA Rep. 393.— Tucker, Barlow & Hawkins." See also case 64. " The judgment of a Court of concurrent jurisdiction...same matter directly in question in another Court. But it is not evidence of any matter which came collaterally in question ; nor of any matter incidentally... | |
| Simon Greenleaf - 1866 - 756 страници
...being given in evidence in civil suits, these two deductions seem to follow as generally true : first, that the judgment of a court of concurrent jurisdiction,...same matter, directly in question in another court ; secondly, that the judgment of a court of exclusive jurisdiction, directly upon the point, is, in... | |
| Theophilus Parsons - 1866 - 830 страници
...that the judgment of а court of concurrent jurisdiction, directly upon the ¡mint, is, as a pica, a bar, or, as evidence, conclusive between the same...same matter, directly in question in another court. Secondly, that the judgment of a court of exclusive jurisdiction directly Ufton the point, is, in like... | |
| Austin Abbott - 1866 - 596 страници
...that " the judgment of a court of concurrent jurisdiction directly on the point, is a plea or bar, and as evidence, conclusive between the same parties upon...same matter directly in question in another court " (Jackson v. Wood, 8 Wend., 9 ; Doty v. Brown, 4 tf. Y. [4 Comst.], 71). I think the motion for a... | |
| James Parker Hall, James De Witt Andrews - 1910 - 492 страници
...them for what they are worth. . . . "Among other things, it was said in the Duchess of Kingston's Case that the judgment of a court of concurrent jurisdiction, 'directly upon the point,' was conclusive upon the same matter directly in question in another court ; but that the judgment of... | |
| 1911 - 636 страници
...of Broom's Maxims, however, the rules are differently stated and are laid down as follows : — "1. The judgment of a Court of concurrent jurisdiction,...same matter, directly in question in another Court. 2. The judgment of a Court of exclusive jurisdiction, directly upon the point, is, in like manner,... | |
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