 | New Jersey. Court of Chancery - 1914 - 768 pages
...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 upon one cause of action to matters arising upon a different cause of action, the inquiry must always be as to the point or question actually litigated... | |
 | United States. Court of Claims - 1940 - 760 pages
...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...cause of action to matters arising in a suit upon a Opinion of the Court different cause of action, the inquiry must always be as to the point or question... | |
 | Robert Dewey Benedict, Benjamin Lincoln Benedict - 1882 - 776 pages
...rule is well stated by Mr. Justice Field (Cromwell v. County of Sac, 94 U. 8. 352) : " In all cases where it is sought to apply the estoppel of a judgment...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
...the rule is well stated by Mr. Justice Fickl (Cromwell v. County of Sac, 94 US, 352) : " In all cases where it is sought to apply the estoppel of a judgment...question actually litigated and determined in the former action, not what might have been thus litigated and determined." While it is true the claim... | |
 | Austin Abbott - 1880 - 928 pages
...which was actually controverted, litigated and determined in the former action, and on those only.4 In all cases therefore, where it is sought to apply...be as to the point or question actually litigated or determined in the original action, not what might have been thus litigated and determined.5 In cases... | |
 | 1889 - 1878 pages
...adjudicate, as a plea or bar, is well explained in Cromwell v. County of Sac, 94 US 351, where the court say: "In all cases, therefore, where it is sought to apply...arising in a suit upon a different cause of action, the injury must always be as to the point or question actually litigated and determined in the original... | |
 | 1889 - 948 pages
...adjudicata, as a plea or bar, is well explained in Cromwell v. County of Sac, 94 US 351, where the court say: "In all cases, therefore, where it is sought to apply...arising in a suit upon a different cause of action, the injury must always be as to the point or question actually litigated and determined in the original... | |
 | 1882 - 1904 pages
...points controverted, upon the determination of which the finding or verdict was rendered. In all these cases, therefore, where it is sought to apply the...arising in a suit upon a different cause of action, the injury must always be as to the point or question actually litigated and determined in the original... | |
 | United States. Circuit Court (5th Circuit), William Burnham Woods - 1880 - 844 pages
...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...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 inquiry must... | |
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Court different cause of action, the inquiry must always be as to the point or question actually litigated and determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive... 
