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" 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... "
United States Reports: Cases Adjudged in the Supreme Court - Page 455
by United States. Supreme Court - 1953
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Atlantic Reporter, Volume 56

1904 - 1164 pages
...105, that, "where the second action between the same parties is upon a different claim or demand, the F @" ٠ q Q.f 0 L; / m >K W9 ڧ= Ԯ ( = F >E%Wi : ... t : ylH aW C T Z pr < ҇sGdž uh" :֙I based." In Wähle v. Wähle, 71 111. 510, the husband brought his petition for divorce upon the ground...
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Atlantic Reporter, Volume 108

1920 - 956 pages
...between the same parties, is upon a different claim or demand, the judgment in the prior operates as nn estoppel only as to those matters in issue or points controverted, upon the détermination of wnich the finding or verdict was rendered. In all cases, therefore, where it is sought...
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The Southwestern Reporter, Volume 141

1912 - 1332 pages
...* * * 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...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...
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The Southwestern Reporter, Volume 104

1907 - 1350 pages
...defeat the claim in controversy, while, if the second action is upon a different claim or demand, the judgment in the prior action operates as an estoppel...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...
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The South Western Reporter, Volume 286

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,...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 121

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...
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United States Reports: Cases Adjudged in the Supreme Court at ... and Rules ...

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...
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The Southwestern Reporter, Volume 171

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,...
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The Southwestern Reporter, Volume 66

1902 - 1270 pages
...whatever. But, where the second action between the game parties Is upon a 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...
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The Southern Reporter, Volume 61

1913 - 1038 pages
...and bridge fund, for, where a second action between the same parties is upon a different claim, the judgment in the prior action operates as an estoppel only as to matters in issue or points controverted, upon the determination of which the finding or verdict was...
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