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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 New York Supplement, Volume 14

1891 - 1086 pages
...circumstance, the judgment in the former action operates, to use the langnage of Mr. Justice FIELD, "as an estoppel only as to those matters in issue...apply the estoppel of a judgment rendered upon one canse of action to matters arising in a suit upon a different cause of action, the inquiry must always...
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Decisions of the Department of the Interior and the General Land ..., Volume 11

United States. Department of the Interior - 1891 - 690 pages
...in issue, " 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." Cromwell v. County of Sac. (94 US, 351). However, I find myself unable to agree in said recommendation...
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Reports of Cases Decided in the Appellate Courts of the State of ..., Volume 34

Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1891 - 706 pages
...or cause for relief is identical with the claims or demand set up and litigated in the first action. In all cases, therefore, where it is sought to apply...a judgment, rendered upon one cause of action, to a matter arising in a court upon a different cause of action, the inquiry must always be as to the...
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Decisions of the Department of the Interior and the General Land ..., Volume 11

United States. Department of the Interior - 1891 - 692 pages
...the same parties is upon a different claim or demand the judgmeut, in the prior action operates as au estoppel only as to those matters in issue or points...determination of which the finding or verdict was rendered." Cromwell'.'. County of Sac. (94 US, 331). However, I find myself unable to agree in said recommendation...
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Decisions of the Department of the Interior and the General Land ..., Volume 11

United States. Department of the Interior - 1891 - 684 pages
...in issue, " where the second action between the same parties is upou a different claim or demand the judgment in the prior action operates as an estoppel only as to those matters in issue or poiuts controverted, upou the determination of which the finding or verdict was rendered." Cromwell...
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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volume 28

1891 - 630 pages
...in a second action between the same parties or their privies upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters n issue or points controverted upon the determination of which the finding or verdict was rendered....
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The American State Reports: Containing the Cases of General Value ..., Volume 24

Abraham Clark Freeman - 1892 - 1042 pages
...purpose. .... 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...therefore, where it is sought to apply the estoppel ef a judgment rendered upon one cause of action to matters arising in a suit upon a different cause...
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The American and English Encyclopedia of Law, Volume 21

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1893 - 1116 pages
...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...verdict was rendered. In all cases, therefore, where it own proper purpose and object, and no further. The judgment in trespass affirms a right of possession...
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Reports of Cases Decided in the Supreme Court of the State of ..., Volume 32

South Dakota. Supreme Court - 1914 - 748 pages
...judgment. From a judgment for plaintiff, defendants appeal. Affirmed. Grant & lillis, for Appellants. Where it is sought to apply the estoppel of a judgment...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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The American and English Encyclopedia of Law, Volume 21

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1893 - 1126 pages
...is upon a different claim or demand, the judgment in the prior action operates as an estoppel onlv as to those matters in issue, or points controverted,...verdict was rendered. In all cases, therefore, where it own proper purpose and object, and no further. The judgment in trespass affirms a right of possession...
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