 | Law - 1832 - 504 pages
...considered at rest forever ; and this principle embraces not only what was actually determined, but every other matter which the parties might have litigated in the cause. Fischli v. Fischli, 1 Blackford, 360. FRAUD AND FRAUDULENT CONVEYANCE. 1. Possession retained by the... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Hiram Edward Sickels, Edward Jordan Dimock, Edmund Hamilton Smith, Edwin Augustus Bedell, Louis J. Rezzemini, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1850 - 614 pages
...jurisdiction is final and conclusive upon the parties, not only as to the matter actually determined, but as to every other matter which the parties might have litigated in the cause and might have had determined. .Per JEWETT, J. Embury*. Conner, 512 4. A fact put in issue by the record... | |
 | Oliver Lorenzo Barbour - Law reports, digests, etc - 1862 - 714 pages
...court of competent jurisdiction is not only final as to the subject matter thereby determined, but also as to every other matter which the parties might have litigated as incident to or essentially connected with the subject matter of such litigation. This rule applies... | |
 | Henry Whittaker - Civil procedure - 1863 - 1154 pages
...judgment is also, as a general rule, conclusive, not only as to the matter actually determined, but also as to every other matter which the parties might have litigated in the cause, and might have had determined in such litigation. Embury vs. Conner, 3 Comst., 511 (522). And the same... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1863 - 580 pages
...considered at rest forever ; and that this principle embraces not only what was actually determined, but every other matter which the parties might have litigated in the cause." As we understand the latter branch of the rule, it relates simply to every matter which might have... | |
 | Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864 - 808 pages
...jurisdiction, is, as a general rule, final, not only as to the subject-matter actually determined, but as to every other matter which the parties might have litigated in the cause. Embury t>. Conner, 8 NY (8 Comtt.), 511; reversing 2 Sandf., 98. 126. A former judgment is a bar, not... | |
 | George Washington Paschal - Constitutional law - 1868 - 438 pages
...court possessing competent jurisdiction is final, not only as to the subject thereby determined, but as to every other matter which the parties might have litigated in the cause, and which they might have had decided. (Dobson v. Pearce, 2 Kernan, 165. Hollister v. Abbott, 11 Foster,... | |
 | George Washington Paschal - Constitutional law - 1868 - 448 pages
...court possessing competent jurisdiction is final, not only as to the subject thereby determined, but as to every other matter which the parties might have litigated in the cause, and which they might have had decided. (Dobson v. Pearco, 2 Kernan, 165. Hollister v. Abbott, 11 Foster,... | |
 | Charles W. Langdon - Constables - 1870 - 858 pages
...privies, and is conclusive, not only upon every question involved therein and thereby determined, but also as to every other matter which the parties might have litigated in the cause and which they might have decided. 25 Cal. 266. SEC. 5. Where the cause and object of both actions are... | |
 | United States. Supreme Court - Law reports, digests, etc - 1870 - 880 pages
...court possessing competent jurisdiction is final, not only as to the subject thereby determined, but as to every other matter which the parties might have litigated in the cause, and which they might have had decided. J Same rule prevails in the courts of New Hampshire, Rhode Island,... | |
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... but also as to every other matter which the parties might have litigated... 
