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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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The Federal Reporter

1947 - 1190 pages
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The Federal Reporter

1953 - 1130 pages
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Reports of Cases Argued and Determined in the Circuit Court of ..., Volume 18

United States. Circuit Court (2nd Circuit) - 1882 - 642 pages
...held, that, 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...to those matters in issue, or points controverted, in the former action, upon the determination of which the finding or verdict was rendered. Accordingly,...
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Supreme Court Reporter, Volume 8

1888 - 1462 pages
...case, which is the one now before us, we held, following numerous decisions to that effect, that the judgment in the prior action operates as an estoppel...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...
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The Supreme Court Reporter, Volume 18

1899 - 986 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...determination of which the finding or verdict was rendered, the Inquiry In such case being "as to the point or question actually litigated and determined In the...
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Supreme Court Reporter, Volume 8

1888 - 1450 pages
...is "the one now bcfoje us, ye held, following numerous decisions to thaFeffect, th"atThe""juclgment in the prior action operates as an estoppel only as to those matters th' Issue, or ¿mats conlrovertal, upon the determination! Of jVTncTr^ the finding or verdict was rendered-....
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 13

District of Columbia. Supreme Court (1863-1936), Franklin Hubbell Mackey - 1884 - 628 pages
...second action between the same parties is upon a different claim or demand, the judgment in the pridr action operates as an estoppel only as to those matters...different cause of action, the inquiry must always he as to the point or question actually litigated and determined in the original action, not what might...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 167

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1897 - 810 pages
...353) : " 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...of a judgment rendered upon one cause of action to the matters arising in a suit upon a different cause of action, the inquiry must always be as to the...
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Reports of the Decisions of the Appellate Courts of the State of ..., Volume 14

Illinois. Appellate Court, James Bolesworth Bradwell - 1884 - 728 pages
...remanded. Reversed and remanded. HENRY VOGE ET AL. v. CHARLES F. BREED ET AL. 1. ESTOPPEL BY JUDGMENT.— Where it is sought to apply the estoppel of a judgment...rendered upon one cause of action to matters arising in u suit upon a different cause of action, the inquiry must always be as to the point or question actually...
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The Pacific Reporter, Volume 132

1913 - 1236 pages
...to be that, 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 only as to those matters In issue upon the determination of which the Unding was made or the judgment rendered, and does not extend to...
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