| Fred P. Caldwell - 1916 - 776 pages
...Hunt, 163 Ky. 123, 173 SW 333. Jones' Admr. v. Commercial Bank of Ky., 78 Ky. 423. There is a wide difference between the effect of a judgment as a bar...prosecution of a second action upon the same claim, and its effect as an estoppel in another action between the same parties upon a different claim or... | |
| Charles Willis Needham - 1925 - 772 pages
...laid down the general rule of law, which has been followed in subsequent cases : "* * * there is a difference between the effect of a judgment as a bar...parties upon a different claim or cause of action. In the former case, the judgment, if rendered upon the merits, constitutes an absolute bar to a subsequent... | |
| 1910 - 1050 pages
...considering the operation of this Judgment, it should be borne in mind, as stated by counsel, that there is a difference between the effect of a Judgment as a bar...parties upon a different claim or cause of action." In Northern Pac. Ry. Co. v. Slaght, 205 US 122, 131, 27 Sup. Ct. 446, 51 L. Ed. 742, a case different... | |
| 1882 - 952 pages
...Thus, in Cromwell v. County of Sac, on page 352 of the opinion of the court, it is said : " There is a difference between the effect of a judgment as a bar...another action between the same parties upon a different cause of action. * * * The language, therefore, which is so • often used, that a judgment estops,... | |
| 1893 - 1052 pages
...1024. In Cromwell v. County of Sac, Justice Field, in delivering the opinion of the court, refers to the difference between the effect of a judgment as...prosecution of a second action upon the same claim or demand under a contract or transaction, and its effect as an estoppel in another action under the same contract... | |
| 1889 - 948 pages
...considering the operation of this judgment.it should be borne in mind, as stated by counsel, that there is a difference between the effect of a judgment as a bar...against the prosecution of a second action upon the sarue claim or demand, and its effect as an estoppel in another action between the same parties upon... | |
| United States. Supreme Court - 1925 - 1420 pages
...mind, as stated by counsel, that there is a difleroiuie between the effect of a judgment as * bar [71] or estoppel against the prosecution of a second action upon the same claim or demand, and Us effect as an estoppel in another Mot tun between the same parties upon ft different claim or cause... | |
| 1892 - 1002 pages
...20 Wall. 137. In the leading case of Cromwell v. County of Sac, 94 US 351, the distinction is drawn between the effect of a judgment as a bar or estoppel against the prosecution of another action upon the same claim and demand, and its effect as an estoppel in another action between... | |
| 1926 - 1116 pages
...to define what is meant by the statement found in the cases and upon which appellees rely. It says: "The difference between the effect of a judgment as...parties upon a different claim or cause of action, stated. In the former case, the judgment, if rendered upon the merits, constitutes an absolute bar... | |
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