But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or... Reports of Civil and Criminal Cases Decided by the Court of Appeals of ... - Page 226by Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, William Littell, Alexander Keith Marshall - 1912Full view - About this book
| 1912 - 1332 pages
...second action between the same parties is upon a different claim or demand, the Judgment in the prior action operates as an estoppel only as to those matters...therefore, where it is sought to apply the estoppel oí a Judgment rendered upon one cause of action to matters arising in a suit upon a different cause... | |
| 1913 - 1038 pages
...second action between the same parties is upon a different claim or demand, the Judgment In the prior action operates as an estoppel only as to those matters...determination of which the finding or verdict was rendered.' See Cromwell v. County of Sac, 94 UB 361 [24 L. 61 SO.— 28 Ed. 195]; Nesbitt v. Riverside Independent... | |
| 1907 - 1348 pages
...controversy, while, if the second action is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters...the determination of which the finding or verdict wae rendered; the inquiry In such case being 'ae to the point or question actually litigated and determined... | |
| 1926 - 1262 pages
...the same parties is upon a different claim or demand, the judgment in the prior action operates as nn estoppel only as to those matters in issue or points...determination of which the finding or verdict was rendered. See, also, Hartwig v. Security Mutual Ufe Ins. Co., 167 Mo. App. 128, 151 SW 477; Barkhoefer v. Barkhoefer,... | |
| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1887 - 714 pages
...the same parties is upon a different demand, the judgment in the first action operates as an estoppel as to those matters in issue, or points controverted,...determination of which the finding or verdict was rendered. Of the application of this rule Gardner v. Buckltee, ?, Cowen, 120,1 furnishes an illustration. There... | |
| United States. Supreme Court - 1887 - 712 pages
...the same parties is upon a different demand, the judgment in the first action operates as an estoppel as to those matters in issue, or points controverted,...determination of which the finding or verdict was rendered. Of the application of this rule Gardner v. Buckbee, 3 Cowen, 120,1 furnishes an illustration. There... | |
| 1902 - 1270 pages
...different claim or demand, the Judgment In the prior action operates as an estoppel only as to those mattew In issue, or points controverted, upon the determination of which the finding or Terdlct was rendered. In all cases, therefore, where It is sought to apply the estoppel °fi Judgment... | |
| 1915 - 1336 pages
...parties upon a different claim or demand, the judsmeut in the prior action operates as an estoppel only to those matters in issue or points controverted upon the determination of which judgment was rendered. [Ed. Note. — For other cases, see Judgment, Cent. Dig. §§ 1003, 1060. 10.9Ü,... | |
| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1888 - 810 pages
...now before us, we held, following numerous decisions to that effect, that the judgment in the prior action operates as an estoppel only as to those matters...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 litigated... | |
| Austin Abbott - 1891 - 610 pages
...circumstance, the judgment in the former action operates, to use the language of Mr. Justice FIELD, " as an estoppel only as to those matters in issue or...where it is sought to apply the estoppel of a judgment rendered upon one cause ol action to matters arising in a suit upon a different cause of action, the... | |
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