 | Abraham Clark Freeman - 1889 - 966 pages
...cause of action) between the same parties; but it must appear, cither by the record in that suit or by extrinsic evidence, that the precise question was raised and determined in the former suit, and this burden rests, of course, with the party who endeavors to make use of" the judgment as conclusive... | |
 | Abraham Clark Freeman - 1889 - 1018 pages
...prior suit; but to this operation of the prior judgment, it must appear, either from the record or by extrinsic evidence, that the precise question was raised and determined in the prior suit: Le Grand v. Sixty, 83 Va. 862; Jarboe v. Seoerin, 112 Ind. 572. A judgment, in order to... | |
 | John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1893 - 1116 pages
...But to this operation of the judgment it must appear, either upon the face of the record, or be shown by extrinsic evidence, that the precise question was...uncertainty on this head in the record", as, for example, 2. Directness — a. THE RULE. — The rule in regard to the issue, if decided, is that judgment must... | |
 | Missouri. Courts of Appeals - 1893 - 790 pages
...bar or estoppel in a subsequent suit "it must appear either upon the face of the record, or be shown by extrinsic evidence, that the precise question was raised and determined in the former suit. An estoppel must be certain to enery intent; and if upon the face of the record anything is left to... | |
 | 1895 - 1044 pages
...But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that the precise question was...or more of which the judgment may have passed, AM. M. K«r, Vou XLI11. -3» without indicating which of them was thus litigated, and upon which the judgment... | |
 | Hawaii. Supreme Court - 1895 - 844 pages
...same parties ; but to this operation, it must appear, either upon the face of the record, or be shown by extrinsic evidence, that the precise question was...there be any uncertainty on this head in the record, the whole subject matter of the action will be at large and open to a new contention, unless this uncertainty... | |
 | Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1895 - 714 pages
...charged malice rather than upon the count in trover that did not. Kitson v. Farwell, 132 Ill. 327. " If it appear that several distinct matters may have...one or more of which the judgment may have passed, without indicating which of them was thus litigated and upon which the judgment was rendered, the whole... | |
 | Abraham Clark Freeman - 1895 - 1064 pages
...But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that the precise question was...determined in the former suit. If there be any uncertainty upon this head on this record — as, for example, if it appear that several distinct matters may have... | |
 | Montana. Supreme Court - 1895 - 666 pages
...But to this operation of the judgment it must appear, either upon the face of the record or be showii by extrinsic evidence, that the precise question was raised and determined in the iormer suit. If there be any uncertainty on this head in the record — as, for example, if it appear... | |
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... a judgment of a court of competent jurisdiction, upon a question directly involved in one suit, is conclusive as to that question in another suit between the same parties. But to this operation of the judgment it must appear, either upon the face... 
