| United States. Supreme Court - 1953 - 874 pages
...In a subsequent action between the same parties on a different claim, a judgment is conclusive only as to the point or question actually litigated and determined in the original action, not as to what might have been litigated and determined. Pp. 504-505. (b) The decisions entered by the... | |
| New Jersey. Court of Chancery - 1894 - 722 pages
...therefore, 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...determined in the original action, not what might have been thus litigated and determined, for it is only upon such matters as were actually litigated and determined... | |
| New Jersey. Court of Chancery - 1914 - 768 pages
...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 must...in the original action — not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive iu another action.... | |
| United States. Court of Claims - 1940 - 760 pages
...judgment rendered upon one cause of action to matters arising in a suit upon a Opinion of the Court different cause of action, the inquiry must always...determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action.... | |
| Robert Dewey Benedict, Benjamin Lincoln Benedict - 1882 - 776 pages
...all cases 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...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
...all cases 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...question actually litigated and determined in the former action, not what might have been thus litigated and determined." While it is true the claim... | |
| 1928 - 1130 pages
...therefore, 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...determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action.'... | |
| 1886 - 1942 pages
...therefore, 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...determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action.... | |
| Austin Abbott - 1880 - 928 pages
...therefore, 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...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... | |
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