 | Montana. Supreme Court - Law reports, digests, etc - 1895 - 666 pages
...Justice Field, in expressing the opinion of the court, observes: "It is undoubtedly settled law that a judgment of a court of competent jurisdiction, upon...must appear, either upon the face of the record or be showii by extrinsic evidence, that the precise question was raised and determined in the iormer suit.... | |
 | Hawaii. Supreme Court - Law reports, digests, etc - 1895 - 844 pages
...adjudication is conclusive only as to questions which were necessarily tried and determined therein." Id. "A judgment of a court of competent jurisdiction, upon...between the same parties ; but to this operation, it must appear, either upon the face of the record, or be shown by extrinsic evidence, that the precise... | |
 | Law reports, digests, etc - 1897 - 1230 pages
...the new matter alleged in the answer? It is an elementary rule, often recognized in this state that a judgment of a court of competent jurisdiction upon...involved in one suit is conclusive as to that question in a subsequent action between the same parties and others In privity with them. Wilch v. Phelps, 16 Neb.... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - Law reports, digests, etc - 1897 - 1044 pages
...the new matter alleged in the answer? It is an elementary rule often recognized in this state that a judgment of a court of competent jurisdiction upon...involved in one suit is conclusive as to that question in a subsequent action between the same parties and others in privity with them. (Wilch v. PhcJps, 16... | |
 | Law reports, digests, etc - 1898 - 1164 pages
...decided, there Is no estoppel In It when pleaded, and nothing conclusive In It when offered as evidence. A Judgment of a court of competent Jurisdiction, upon...parties; but to this operation of the judgment it must either appear upon the face of the record, or be shown by extrinsic evidence, that the precise question... | |
 | Law reports, digests, etc - 1898 - 1230 pages
...no estoppel In it when pleaded, and nothing conclusive in It when offered as evidence. A judgment cf a court of competent jurisdiction, upon a question...parties; but to this operation of the judgment it must either appear upon the face of the record, or be shown by extrinsic evidence, that the precise question... | |
 | Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - Law reports, digests, etc - 1898 - 710 pages
...Court establishing the Willow Creek' Drainage District should operate as an estoppel, it must appear upon the face of the record, or be shown by extrinsic...the precise question was raised and determined in that proceeding. Sawyer v. Nelson, ] 60 Ill. 629. These appellants were not parties to that proceeding... | |
 | Law reports, digests, etc - 1899 - 1232 pages
...cases. I and must be determined on Its merits." Hughes v. US, 4 Wall. 230. It must appear, either on the face of the record, or be shown by extrinsic evidence,...question was raised and determined In the former suit. When the record leaves tin* matter in doubt, extrinsic proof is admissible to show that the same point... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1899 - 1062 pages
...must be determined on its merits." 4TO Hughes v. United States, 4 Wall. 236. It must either appear on the face of the record or be shown by extrinsic evidence...question was raised and determined in the former suit. When the record leaves the matter in doubt, extrinsic proof is admissible to show that the same point... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1899 - 1054 pages
...must be determined on its merits." 470 Hughes v. United States, 4 Wall. 236. It must either appear on the face of the record or be shown by extrinsic evidence...question was raised and determined in the former suit. When the record leaves the matter in doubt, extrinsic proof is admissible to show that the same point... | |
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It is undoubtedly settled law that a judgment of a court of competent jurisdiction, upon a question directly involved in one suit, is conclusive as to that question in another suit between the same parties. 
