 | 1882 - 1904 страници
...upon one cause of action, to matters arising in a suit upon a different cause of action, the injury must always be as to the point or question actually...matters is the judgment conclusive in another action. The difference in the operation of a judgment in the two classes of cases mentioned is seen through... | |
 | 1889 - 948 страници
...upon one .cause of action to matters arising in a suit upon a different cause of action, the injury must always be as to the point or question actually...determined in the original action; not what might have been litigated and determined. Only upon such matters is the judgment conclusive in another action." In... | |
 | 1889 - 1878 страници
...upon one cause of action to matters arising in a suit upon a different cause of action, the injury must always be as to the point or question actually...determined in the original action; not what might have been litigated and determined. Only upon such matters is the judgment conclusive in another action." In... | |
 | Austin Abbott - 1880 - 928 страници
...sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry...be as to the point or question actually litigated or determined in the original action, not what might have been thus litigated and determined.5 In cases... | |
 | United States. Congress. House - 1880 - 1218 страници
...state of facts may be shown. The rule of law is : .notion, tin1 ¡iKjiiiry mntit always be as to tlic point or question actually litigated and determined...might have been thus litigated and determined. Only IIMOU such matters is the judgment conclusive in another action. {Croiuwrll r». County of Sac, 4 Otto,... | |
 | United States. Circuit Court (5th Circuit), William Burnham Woods - 1880 - 844 страници
...apply the estoppel of a judgment rendered upon ont cause of action to matters arising upon a suit in a different cause of action, the inquiry must always be as to the point or questions actually litigated and determined in the original action, not what might have heen thus litigated... | |
 | 1899 - 986 страници
...upon the determination of which the finding or verdict was rendered, the Inquiry In such case being "as to the point or question actually litigated and...determined In the original action, not what might have been litigated and determined"; In Russell v. Place, that "a judgment of a court of competent Jurisdiction,... | |
 | 1888 - 1462 страници
...determination of which the finding or verdict was rendered. The inquiry in such case, therefore, we said, must always be as to the point or question actually litigated and determined in the original action, for only upon such matters is the judgment conclusive in another action between the parties upon a... | |
 | 1904 - 1174 страници
...sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry...is the judgment conclusive in another action." In the case of Outram v. Jlorewood, 3 East 340, in commenting upon a decision cited in that case, Lord... | |
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In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question actually litigated... 
