...been presented, is strictly accurate when applied to the demand or claim in controversy. * * * But where the second action between the same parties is...determination of which the finding or verdict was ren-' dered." Biern v. Ray, 49 W. Va. 129, 38 SE 530, distinguishing and explaining Sayre v. Harpold,...

...Case. Phoenix F. & M. Ins. Co. v. Tennessee, 161 US 175, 40 L. ed. 660, 16 Sup. Ct. Rep. 475. When the second action between the same parties is upon...determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel o'fa judgment rendered upon one cause...

...held, following numerous decisions to that effect, that the judgment in the prior action ',j>erates as an estoppel only as to those matters in issue,...determination of which the finding or verdict was rendered. The inquiry in such case,' therefore, we said, must always be as to the point or question actually...

...demand, the judgment in the prior action operates as an estoppel only as to those matters in issue ov points controverted, upon the determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause...

...might have been offered to sustain or defeat the claim In controversy, while, if the second action M! ) : Du -?e Ӎ . Tc{ [ я. 4 T} W C p S،... ) N͸܂ Ӂ X j - $ j ~ Bfm e ߯&دo B2dT { the Inquiry In such case being 'as to the point or question actually litigated and determined iu the...

...might have been offered to sustain or defeat the claim in controversy, while if the second 264 action is upon a different claim or demand, the judgment...determination of which the finding or verdict was rendered, the injury [inquiry?] in such case being 'as to the point or question actually litigated and determined...

...judgment, if rendered upon the merits, constitutes an absolute bar to a subsequent action. * * * But where the second action between the same parties Is...determination of which the finding or verdict was rendered. The decision of the Commissioner of Patents denying the claims to appellant on the ground of res judicata...

...between the same parties upon a different claim or cause of action. In the latter case, the demand in the prior action operates as an estoppel only as...determination of which the finding or verdict was rendered. (Cromwell v. County of Sac, 94 US, 351.) The original proceeding before the Patent Office involved...

...demand, but as to any other admissible matter which might have been offered for that purpose. . . . But where the second action between the same parties is...determination of which the finding or verdict was rendered." He then proceeds to say that in the latter class of cases, "the inquiry must always be as to the point...

...demand, but as to any other admissible matter which might have been offered for that purpose. . . . But where the second action between the same parties is...determination of which the finding or verdict was rendered." He then proceeds to say that in the latter class of cases, "the inquiry must always be as to the point...