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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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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 53

Ohio. Supreme Court - 1896 - 760 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." Nor is it material in this respect that one of the actions may be ex contractu, while the other sounds...
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Journal of the Patent Office Society, Volume 7

Patent Office Society (U.S.) - 1924 - 658 pages
...of action the judgment in the prior action operates by way of estoppel (herein called res judicata] only as to those matters in issue or points controverted...determination of which the finding or verdict was rendered. Southern Pacific Railroad Company v. United States, 168 US 1, 50 (1897). This distinction was followed...
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Southern Reporter, Volume 107

1926 - 1032 pages
...the same parties is upon a different claim or demand, the judgment in the prior action operates »8 an estoppel only as to those matters in issue or points...determination of which the finding or verdict was rendered. 5. Judgment ф=>584 — To constitute res judicata there must be Identity of object of suit, of causes...
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Reports of the Tax Court of the United States, Volume 104

United States. Tax Court - 1995 - 836 pages
...preclusion "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 (221) (236) points controverted, upon the determination of which the finding or verdict was rendered."...
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Res Judicata, Estoppel, and Foreign Judgments: The Preclusive Effects of ...

Peter R. Barnett - 2001 - 432 pages
...of Sac:163 Where the second action belween the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel...controverted, upon the determination of which the finding was rendered .... Only upon such matters is the judgment conclusive in another action, [emphasis added]...
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