 But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or...  The Pacific Reporter - Page 261907Full view - About this book
 | United States. Supreme Court - Courts - 1953 - 874 pages
...In a subsequent action between the same parties on a different claim, a judgment is conclusive only as to the point or question actually litigated and determined in the original action, not as to what might have been litigated and determined. Pp. 504-505. (b) The decisions entered by the... | |
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1912 - 966 pages
...points controverted, upon the determination of which the finding or verdict was. rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment upon one cause of action to matters arising upon a suit upon a different cause of action, the inquiry... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1894 - 722 pages
...points controverted, upon the determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel...what might have been thus litigated and determined, for it is only upon such matters as were actually litigated and determined that the judgment is conclusive."... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1898 - 924 pages
...rendered. In all cases, therefore, when it is sought to apply the estoppel of a judgment in one case to matters arising in a suit upon a different cause...determined in the original action, not what might have been litigated or determined." In accordance with this view, it had been held in Steam Packet Company v.... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1914 - 768 pages
...points controverted, upon the determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel...rendered upon one cause of action to matters arising upon a different cause of action, the inquiry must always be as to the point or question actually litigated... | |
 | United States. Court of Claims - Law reports, digests, etc - 1940 - 760 pages
...points controverted, upon the determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel...cause of action to matters arising in a suit upon a Opinion of the Court different cause of action, the inquiry must always be as to the point or question... | |
 | Robert Dewey Benedict, Benjamin Lincoln Benedict - Law reports, digests, etc - 1882 - 776 pages
...rule is well stated by Mr. Justice Field (Cromwell v. County of Sac, 94 U. 8. 352) : " In all cases where it is sought to apply the estoppel of a judgment...question actually litigated and determined in the former action, not what might have been thus litigated and determined." While it is true that the claim... | |
 | United States. Patent Office - Copyright - 1931 - 660 pages
...points controverted, upon the determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action as to matters arising In a suit upon a different cause of action, the inquiry must always be as to... | |
 | William A. Shinn - Bankruptcy - 1879 - 636 pages
...the rule is well stated by Mr. Justice Fickl (Cromwell v. County of Sac, 94 US, 352) : " In all cases where it is sought to apply the estoppel of a judgment...question actually litigated and determined in the former action, not what might have been thus litigated and determined." While it is true the claim... | |
 | Law reports, digests, etc - 1886 - 1942 pages
...points controverted upon the determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel...matters is the judgment conclusive in another action. * * * It is not believed that there are any cases going to the extent that because in the prior action... | |
| |
