The Encyclopedic Digest of Virginia and West Virginia Reports: Being a Complete Encyclopedia and Digest of All Virginia and West Virginia Case Law Up to and Including Volume 103 Virginia Reports and Volume 55 West Virginia Reports, Volume 6Thomas Johnson Michie Michie Company, 1906 |
Common terms and phrases
26 Gratt 32 Gratt agent alleged appear assumpsit Bank bill charge claim Code consideration contract conveyance conveyed corporation court of equity cred creditors damages debt debtor declaration deed of trust defendant defraud delivery demurrer dence effect entitled erty estopped estoppel evidence execution fact fendant ferry filed fire foreign former suit forthcoming bond fraudulent fraudulent conveyance gift gift causa mortis gift inter vivos grantee grantor ground held husband indictment insolvent intent issue itors judg jurisdiction jury land Leigh liable lien matter ment Munf negligence Norfolk notice parol parties payment person plaintiff plea pleaded possession proceedings proof prove purchaser question railroad Rand record recover rendered res judicata rule sheriff statute of frauds sufficient surety therein thereof tion tract transaction unlawful detainer valid vendee vendor verdict void West Virginia wife
Popular passages
Page 210 - And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Page 83 - ... if any change other than by the death of an insured, take place in the interest, title or possession of the subject of insurance (except change of occupants without increase of hazard) whether by legal process or judgment or by voluntary act of the insured, or otherwise...
Page 373 - But, where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters In issue or points controverted, upon the determination of which the finding or verdict was rendered.
Page 408 - 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.
Page 397 - It Is a finality as to the claim or demand In controversy, concluding parties and those in privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Page 268 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 103 - ... at such reasonable place as may be designated by this Company or its representative, and shall permit extracts and copies thereof to be made...
Page 391 - In order that a judgment may constitute a bar to another suit it must be rendered in a proceeding between the same parties or their privies, and the point of controversy must be the same in both cases, and must be determined on its merits. If the first suit was dismissed for defect of pleadings or parties, or a misconception of the form of proceeding, or the want of jurisdiction, or was disposed of on any ground which did not go to the merits of the action, the judgment rendered will prove no bar...
Page 369 - The plea of res judicata applies, except in special cases, not only to points upon which the Court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties exercising reasonable diligence, might have brought forward at the time.
Page 408 - ... several distinct matters may have been litigated, upon one or more of which the judgment may have passed, without indicating which of them was thus litigated, and upon which the judgment was rendered, — the whole subject-matter of the action will be at large, and open to a new contention, unless this. uncertainty be removed by extrinsic evidence showing the precise point involved and determined. To apply the judgment, and give effect to the adjudication actually made, when the record leaves...