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" 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. "
A Treatise Upon Some of the General Principles of the Law: Whether of a ... - Page 765
by William Wait - 1879
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Considerations on the Royal Marriage Act: And on the Application ..., Part 579

Sir John Joseph Dillon - 1811 - 214 pages
...tion, directly upon the point, is conclusive 44 upon the same matter between the same parties, E 2 " coming incidentally in question in another " Court...purpose. But neither the " judgment of a concurrent nor exclusive juris" diction, is evidence of any matter to be infer" red by argument from that judgment"...
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Cobbett's Complete Collection of State Trials and Proceedings for High ...

Thomas Bayly Howell - 1814 - 730 pages
...conclusive, between the same parties, upon the same matter, directly in question in another court: secondly, that the judgment of a court of exclusive...conclusive upon the same matter, between the same parties, coining incidentally in question in another court, for a different purpose. -But neither the judgment...
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A Treatise on the Law of Evidence

Samuel March Phillipps - 1815 - 600 pages
...On the Judgments of Courts of exclusive Jurisdiction. great principle, on this subject, is, that a judgment of a court of exclusive jurisdiction, directly upon the point, is conclusive, between the same parties, upon the same matter coming incidentally in question in another...
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An Introduction to the Law, Relative to Trials at Nisi Prius

Francis Buller - 1817 - 684 pages
...evidence between the same parties, upon the same matter directly in question; and though, in like manner, the judgment of a court of exclusive jurisdiction, directly upon the point, be conclusive upon the same matter, between the same partics coming incidentally in question in another...
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The History of the Common Law of England: And An Analysis of the Civil Part ...

Matthew Hale - 1820 - 580 pages
...conclusive, between the same parties, upon the same matter, directly in question in another court. Secondly, that the judgment of a court of exclusive...for a different purpose. But neither the judgment of • concurrent or exclusive jurisdiction, is evidence of any matter which came collaterally in question,...
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A Treatise on the Civil Jurisdiction of a Justice of the Peace, in the State ...

Esek Cowen - 1821 - 804 pages
...If he were not such witness, the verdict or judgment would be, prima facie, evidence.(fc) RULE IX. The judgment of a court of exclusive jurisdiction, directly upon the point, is conclusive between the same parties, upon tho same matter coming incidentally in question, in another...
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A Treatise on the Law of Evidence, Volume 1

Samuel March Phillipps - 1822 - 644 pages
...evidence, conclusive between the same parties, upon the same matter directly in question in another court; secondly, that the judgment of a court of exclusive...is in like manner conclusive upon the same matter (1) 11 St. Tr. 261. S2Howell's Duchess of Kingston's case, 11 State St. Tr. 538. SC Tr. 261. (2) Judgment...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 2

Great Britain. Court of King's Bench - 1824 - 1040 pages
...conclusive between the same parties, npon the same matter directly in question in another court: secondly, the judgment of a court of exclusive jurisdiction, directly upon the point, is, in Kke manner, conclusive npon the same matter, between the same parties, coming incidentally in question...
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A Compendium of the Law of Evidence

Thomas Peake - 1824 - 838 pages
...conclusive between the same parties upon the same matter directly in question : and in like manner, the judgment of a Court of exclusive jurisdiction, directly upon the point, is conclusive upon * i* 3 Yeates* Rep. 149. SP Mclmlas ». H'olfcrsperger, 5 Serg. У a. Rep. 167. Under...
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A Digest of the Laws of England, Volume 4

Sir John Comyns - 1825 - 1026 pages
...Co. L. 352. b . So a man may be estopped by nn imparlaucc, or continuance upon record. Co. L. 352. a. exclusive jurisdiction, directly upon the point, is in like manner conclusive upon the same matter coming incidentally in question in another court, between the same parties, fora different purpose....
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