 | New York (State). Supreme Court. Appellate Division - 1898 - 738 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...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... | |
 | Burr W. Jones - 1896 - 784 pages
...the record as to whether the precise question was raised and determined in the former controversy, "as for example, if it appear that several distinct...may have been litigated, upon one or more of which judgment may have been passed, without indicating which of them was thus litigated and upon which the... | |
 | 1898 - 1164 pages
...but to this operation of the judgment it must either appear 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-matt« of the neuem will be at large and open to a new contention, unless this uncertainty... | |
 | Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1898 - 710 pages
...Drainage District should operate as an estoppel, it must appear upon the face of the record, or be shown by extrinsic evidence, that the precise question was raised and determined in that proceeding. Sawyer v. Nelson, ] 60 Ill. 629. These appellants were not parties to that proceeding... | |
 | Iowa. Supreme Court - 1898 - 900 pages
...reached. Considering such a state of facts, it is said in Russell v. Place, 94 US 606: "If there be uncertainty on this head in the record, — as, for example, if it .appeal's that several distinct matters may have been litigated, upon one or more of which the judgment... | |
 | 1898 - 1260 pages
...reached. Considering such a state of facts, it is said in Russell v. Place, 94 US 606: "If there be uncertainty on this head in the record, — as, for example, if it appears that several distinct matters may have been litigated, upon one or more of which the Judgment... | |
 | 1899 - 1232 pages
...Its merits." Hughes v. US, 4 Wall. 230. It must appear, either on the face of the record, or be shown by extrinsic evidence, that the precise question was raised and determined In the former suit. When the record leaves tin* matter in doubt, extrinsic proof is admissible to show that the same point... | |
 | Abraham Clark Freeman - 1901 - 1060 pages
...But to this operation of the judgment it must appear, either upon the face oi the record, or be shown by extrinsic evidence, that the precise question was...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' —... | |
 | Washington (State). Supreme Court, Eugene Glenroy Kreider - 1901 - 884 pages
...But to this operation of the judgment it must appear, either upon the face of the record or he shown by extrinsic evidence, that the precise question was raised and determined in the former Ruit. If there be any uncertainty on this head in the record — as, for example, if it appear that... | |
 | 1902 - 796 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...in the record— as, for example: If it appear that sev eral distinct matters may have been litigated, upon one or more of which the judgment may have... | |
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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... 
