 | United States. Supreme Court - 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 - 1912 - 966 pages
...action to matters arising upon a suit upon a different cause of action, the inquiry must always be to the point or question actually litigated and determined...litigated and determined. Only upon such matters is a judgment conclusive in another action (Black on Judgments, Vol. 2, Section 614, page 938; Cromwell... | |
 | New Jersey. Court of Chancery - 1894 - 722 pages
...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...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 - 1898 - 924 pages
...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 of action, the inquiry must...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.... | |
 | United States. Court of Claims, Audrey Bernhardt - 1959 - 820 pages
...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...Only upon such matters is the judgment conclusive in another action." See also Southern Pacifi•c RR Co. v. United States, 168 US 1, 50 ; Troxell v.... | |
 | United States. Court of Claims - 1940 - 760 pages
...judgment rendered upon one cause of action to matters arising in a suit upon a Opinion of the Court different cause of action, the inquiry must always...Only upon such matters is the judgment conclusive in another action. The difference in the operation of a judgment in the two classes of cases mentioned... | |
 | Robert Dewey Benedict, Benjamin Lincoln Benedict - 1882 - 776 pages
...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...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... | |
 | William A. Shinn - 1879 - 636 pages
...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...question actually litigated and determined in the former action, not what might have been thus litigated and determined." While it is true the claim... | |
 | 1919 - 2038 pages
...to apply the estoppel of a Judgment rendered upon one cause of notion to matters arising in a suit upon a different cause of action, the inquiry must...Only upon such matters is the judgment conclusive in another action." See McNamara v. Home Land & Cattle Co., 121 Fed. 797, 58 C. CA 245 ; Miller v.... | |
 | 1928 - 1130 pages
...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...Only upon such matters is the judgment conclusive in another action.' " It seems clear that a suit at law upon a contract and an action in equity to... | |
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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... 
