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" Such judgment or adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have had decided, as incident to or essentially connected with the subject-matter... "
The American State Reports: Containing the Cases of General Value and ... - Page 883
edited by - 1899
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A Treatise on the Civil Jurisdiction of a Justice of the Peace, in the State ...

Esek Cowen - 1821 - 804 pages
...Kem4/e,(c) " that the judgment, or decree of a court possessing competent jurisdiction, is not only final as to the matter actually determined, but as to every other matter wbich the parties might litigate in tbe cause, and which they might have decided." It is, therelore,...
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A Treatise on the Civil Jurisdiction of Justices of the Peace in the ..., Part 2

Esek Cowen - 1841 - 698 pages
...Kemble,(y) " that the judgment or decree of a court possessing competent jurisdiction, is not only final as to the matter actually determined, but as to every other matter which the parties might litigate in the cause, and which they might have decided." It is, therefore, sufficient to show in...
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A New Abridgment of the Law with Large Additions and Corrections, Volume 7

Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - 1846 - 720 pages
...v. Macquart, 1 Miles, 42.# {The judgment or decree of a court possessing competent jurisdiction is final not only as to the matter actually determined,...but as to every other matter which the parties might litigate in the cause, and which they might have had decided. The only exceptions to this general rule...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 23

Alabama. Supreme Court - 1854 - 930 pages
...Cowen 120; 4 tf. 559. Again; a judgment of a court having jurisdiction is not only final and conclusive as to the matter actually determined, but as to every other matter which the parties might litigate in the cause.— 3 Phil. Ev. 828 to 831 ; 1 Johns. Cas. 436, 501. In all cases, where the...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 3

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 - 1850 - 614 pages
...id 3. The judrrment of a court of competent 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....
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

Oliver Lorenzo Barbour - 1852 - 716 pages
...though the correctness of the other branch of the opinion of Radcliffe, J. that it is not only final as to the matter actually determined, 'but as to every other matter which they neglect to litigate in the cause, and which the court might have decided, has with good reason...
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A Treatise on the Law of Real Estate: And of the Mode of Alienation Thereof ...

John Willard - 1861 - 718 pages
...question in another court. (Gardner v. Buckbee, 3 Cowen, 120. Burt v. Sternberg, 4 id. 559.) It is final not only as to the matter actually determined,...but as to every other matter which the parties might have litigated and have had decided. But to be a good bar, it must have been between the same parties,...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 11

Illinois. Supreme Court - 1850 - 744 pages
...conceded by all, and can admit of no doubt; the principle, however, extends farther: it is not only final as to the matter actually determined, but as to every other matter which the parties might litigate in the cause, and which they might have decided. Le Guen vs. Gouverneur & Kemble, 1 Johns....
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Reports of Cases Argued and Determined in the Superior Court of ..., Volume 18

New York (State). Superior Court (New York), Joseph S. Bosworth - 1861 - 780 pages
...10 id., 85; Swart v. Borst, -17 id., 69.) II. The former judgment was conclusive upon the parties, not only as to the matter actually determined, but as to every other matter which might have been litigated therein. (Bendernagl e v. Cocks, 19 Wend., 207; Embury v. Conner, 3 Comst,...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 35

Illinois. Supreme Court - 1866 - 670 pages
...fully establish the proposition, that the decree of a court of competent jurisdiction is not only final as to the matter actually determined, but as to every other matter of defense, which if set up would have prevented the decree which the parties neglected to litigate,...
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