 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...  Reports of Civil and Criminal Cases Decided by the Court of Appeals of ... - Page 226by Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, William Littell, Alexander Keith Marshall - 1912Full view - About this book
 | New Jersey. Court of Chancery - 1894 - 722 pages
...action is upon a different claim or demand, but between the same parties, the judgment in the prior action operates as an estoppel only as to those matters...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... | |
 | New Jersey. Court of Chancery - 1914 - 768 pages
...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...where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising upon a different cause of action, the inquiry... | |
 | Illinois. Supreme Court - 1921 - 696 pages
...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...determination of which the finding or verdict was rendered. Where some controlling fact or question material to the determination of both causes has been adjudicated... | |
 | Illinois. Supreme Court - 1908 - 718 pages
...claim or cause of action in this suit, there is no question that the former judgment is an estoppel as to those matters in issue or points controverted upon the determination of which the decree was rendered. Cromwell v. County of Sac, 94 US 351 ; Equitable Trust Co. v. Fisher, 106 111.... | |
 | United States. Court of Claims, Audrey Bernhardt - 1959 - 820 pages
...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...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... | |
 | United States. Court of Claims - 1934 - 914 pages
...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.' " It is true that the validity of the patent was settled by the former suit, and, as well, the issue... | |
 | United States. Patent Office - 1964 - 972 pages
...based on facts not of record before us and as such to remove the element of conjecture from the case. those matters In issue or points controverted, upon...determination of which the finding or verdict was rendered." Cromwell v. County of Sac, supra, 853. And see Russell v. Place, 94 US 606; Southern Pacific R. Co.... | |
 | 1877 - 558 pages
...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 pointa controverted, upon the determination of which the finding or verdict was rendered. In this case,... | |
 | William Wait - 1879 - 1002 pages
...afterward brought between the same parties, upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters...determination of which the finding or verdict was rendered. Cromwell v. County of Sac, 94 US (4 Otto) 351. See antt, p. 679, tit. Estoppel. ยง 3. What judgments... | |
 | United States. Circuit Court (5th Circuit), William Burnham Woods - 1880 - 844 pages
...US,351: Anderson, Starr & Co. v. Gerding. upon a different claim or demand, the judgment in a prior action operates as an estoppel only as to those matters...where it is sought to apply the estoppel of a judgment rendered upon ont cause of action to matters arising upon a suit in a different cause of action, the... | |
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