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" 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 711
1902
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Reports of Cases in Law and Equity, Determined in the Supreme Court ..., Том 12

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...

A Digest of New York Statutes and Reports: From the Earliest Period ..., Том 3

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...

The Law of Evidence, Applicable to the Courts of the Late East India Company ...

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...

Reports of Cases Argued and Determined in the Court of Queen's Bench ..., Том 2

Great Britain. Court of King's Bench, Great Britain. Court of Queen's Bench, Thomas Flower Ellis, Francis Ellis - 1865 - 1002 страници
...delivering the opinion of the judges in the House of Lords, in The Duchess of Kingston's Case (a), namely, that "the judgment of a Court of concurrent jurisdiction,...the same parties, upon the same matter, directly in ques(a) 2 Smith' i LC 643 (ed. 5). 1860. tion in another Court." Applying that rule to the BOUTLEDOB...

Reports of Cases Argued and Determined in the Court of Queen's Bench ..., Том 2

Great Britain. Court of King's Bench, Great Britain. Court of Queen's Bench, Thomas Flower Ellis, Francis Ellis - 1865 - 1010 страници
...delivering the opinion of the judges in the House of Lords, in The Duchess of Kingston's Case (a), namely, that "the judgment of a Court of concurrent jurisdiction,...the same parties, upon the same matter, directly in ques(a) 2 South'* LC 643 (ed. 5). I860. tion in another Court." Applying that rule to the ROUTLEDOE...

A Treatise on the Law of Evidence, Том 1

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...

The Law of Contracts, Том 2

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...

Reports of Practice Cases, Determined in the Courts of the State of ..., Том 1

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...

American Law and Procedure, Том 10

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...

Canadian Criminal Cases Annotated: A Series of Reports of Important ..., Том 16

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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