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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 459
by United States. Supreme Court - 1953
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The Southeastern Reporter, Volume 58

1907
...whatever. 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...different cause of action, the inquiry must always be аз to the point or question actually litigated and determined in the original action, not what might...
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The Pacific Reporter, Volume 89

1907
...to pass upon In finding the verdict or rendering the judgment.' Sherman v. Dilley, 3 Nev. -1. * * * In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered UJKHI one cause of action to matters arising in a suit upon a different cause of action, the inquiry...
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The American State Reports: Containing the Cases of General ..., Volume 112

Abraham Clark Freeman - 1907
...sought to apply the estoppel of judgment rendered upon one cause of action in another arising upon a suit upon a different cause of action, the inquiry must always be to the point or question actually litigated and determined in the original action, not what might have...
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The American State Reports: Containing the Cases of General ..., Volume 112

Abraham Clark Freeman - 1907
...sought to apply the estoppel of judgment rendered upon one cause of action in another arising upon a suit upon a different cause of action, the inquiry must always be to the point or question actually litigated and determined in the original iction, not what might have...
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Reports of Cases in the Supreme Court of Nebraska, Volume 64

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1908
...* * * 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...determination of which the finding or verdict was rendered." The following cases are to the (••ame effect: Foye v. Patch, 132 Mass., 105; 11 anna, v. Haul,...
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The American State Reports: Containing the Cases of General ..., Volume 120

Abraham Clark Freeman - 1908
...defeat the claim in controversy, while if the second 264 action is upon a different claim or demand, the judgment in the prior action operates as an estoppel...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...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 29

Nevada. Supreme Court - 1908
...pass upon in finding the verdict or rendering the judgment.' (Sherman v. Dilley, 3 Nev. 21.) * * * In all cases, therefore, where it is sought to apply the estoppel of a judgment Opinion of the C'ourt—Norcross, J. rendered upon one cause of action to matters arising in a suit...
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Decisions of the Commissioner of Patents and of the United ..., Volume 914

United States. Patent Office - 1915
...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...
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Decisions of the Commissioner of Patents and of the United ..., Volume 917

United States. Patent Office - 1918
...whatever. But where the second action between the rame parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel...those matters in issue or points controverted, upon tha determination of which the finding or verdict was rendered. In all cases, therefore, where it is...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 120

Illinois. Supreme Court - 1887
...9. 2. But when the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel...determination of which the finding or verdict was rendered. In such case, the inquiry is as to the question actually litigated and determined,—not what might have...
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