| New Jersey. Court of Chancery - 1914 - 768 pages
...bar to a subsequent action. It is a finality as to the claim or demand in controversy, concluding the parties and those in privity with them, not only as...matter which might have been offered for that purpose. But where the second action between the same parties is upon a different claim or demand, the judgment... | |
| New Jersey. Court of Chancery - 1901 - 726 pages
...action, not only as to every matter which was offered and received to sustain or defeat the claim, but as to any other admissible matter which might have been offered for that purpose. Cromwell v. County of Sac, 9£ US 852. If each new construction of each step in a title, wnicn may... | |
| 1894 - 922 pages
...court. That was a judgment on the merits of the identical matter now in question, and it concluded the 'parties and those in privity with them, not only...matter which might have been offered for that purpose.' Cromwell v. County of Sac, 94 US 351,352. It is true the mortgagor did not set up as a defense that... | |
| 1888 - 564 pages
...concluding parties and those in privity with them, not only as to. every matter which was offered or received to sustain or defeat the claim or demand,...matter which might have been offered for that purpose." And as stated in Burlen v. Shannon, 99 Mass. 200, 203: -'The estoppel is not confined to the judgment,... | |
| 1877 - 558 pages
...state the difference between the effect of a judgment as n bar or estoppel against the prosecution of a second action upon the same claim or demand, and...matter which might have been offered for that purpose. But where the second action between the same parties is upon a different claim or demand, the judgment... | |
| 1906 - 1052 pages
...merits, it is no bar or estoppel. In such case such prior decree or judgment is a finality as to such claim or demand in controversy, concluding parties...matter which might have been offered for that purpose. But the judgment or decree must have been rendered upon the merits. Cromwell v. County of Sac, 94 US... | |
| 1904 - 1126 pages
...was held, however, that the judgment of foreclosure was a judgment on the merits, and concluded the parties and those in privity with them, not only as...matter which might have been offered for that purpose. Citing Cromwell v. County of Sac, 94 US 351, 352, 24 L. Ed. 195. It was accordingly further held that... | |
| 1903 - 1116 pages
...bar to a subsequent action. It is a finality as to the claim or demand in controversy, concluding the parties and those in privity with them, not only as...demand, but as to any other admissible matter which m'.ght have been offered for that purpose." The certificate from the office of the secretary of state... | |
| 1902 - 1128 pages
...same cause of action between the same parties or their privies, the first Judgment Is an absolute bar, not only as to every matter which was offered and...matter which might have been offered for that purpose. When the second action is between the same parties, but upon a different claim or demand, the Judgment... | |
| Austin Abbott - 1880 - 928 pages
...an estoppel in another action between the same parties upon the same claim or demand, is conclusive, not only as to every matter which was offered and...admissible matter which might have been offered for that purpose.3 When used as an estoppel in an action on another claim or demand, it is conclusive on any... | |
| |