 | United States. Congress. Senate - 1884 - 1042 pages
...parties where a different state of facts may be shown. The rule of law is: In all cases, therefore, when it is sought to apply the estoppel of a judgment rendered upon one cause of actiou to matters arising in a suit upon a different cause of action, the inquiry must always be as... | |
 | 1920 - 1058 pages
...VERDICT WAS RENDERED. Where prior action between same parties was on a different demand, the judgment operates as an estoppel only as to those matters in issue or points controverted on the determination of which a finding or verdict was rendered. 11. JUDGMENT <S=95G(1) — PRESUMPTIVELY... | |
 | 1915 - 1200 pages
...is that where tlie second action between the sume parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those mutters in issue, or points controverted, upon tlie determination of which the judgment was rendered,... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1885 - 786 pages
...Bassett, 34 Barb. 31; In re Ooodfellow, 3 Nat. Bank. Reg. 452; In re Patterson, 1 Ben. 508, 517.) The judgment in the prior action operates as an estoppel...determination of which the finding or verdict was rendered. {Ductless of Kingston's Case, fully reported, 20 How. St. Trials, 355 ; Smith's Leading Cases; Chapman... | |
 | 1907 - 1166 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...determination of which the finding or verdict was rendered. * * * Only upon such matters Is the judgment conclusive in another action." In the former case mentioned... | |
 | 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... | |
 | 1922 - 958 pages
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 | 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... | |
 | 1910 - 1160 pages
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 | 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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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... 
